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HomeMy WebLinkAbout127569 FRONT RANGE INTERNET INC - PURCHASE ORDER - 915027815027 PURCHASE ORDER 130 9er Page City/ Of 150278 1013 ' `t Collins This number must appear " on all invoices, packing sli s and labels. Date: 01/13/2015 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: 01/13/2015 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 Ordered UOM Unit Price Extended Price BLKT PO 2015 COFC FAILOVER 1 LOT LS 8,076.60 12 MONTHS SERVICE 01-01-2015 Customer # 162691 Payment Due By:01-20-2015 Invoice Date 01-01-2015 Invoice # 1370312 Previous Balance: $673.05 Recent Payments: $673.05 New Charges: $673.05 Total Amount Due:$673.05 Total Enclosed: David Turner City of Fort Collins - Colocation PO Box 580 Fort Collins, CO 80522 Make checks payable to: Front Range Internet, Inc. 3350 Eastbrook Dr. Fort Collins, CO 80525-5731 Payments can be made online at: <hftp://www.myfrii.com> 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.com Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City of /100,.F�or_t Collins PURCHASE ORDER PO Number Page 9150278 2of3 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Please write your Customer/Account # or Invoice # in the "memo" field of your check so we can accurately post your payment. You will receive an email confirmation once we have posted payment. DATE CITY ITEM DETAIL PRICE/UNIT AMOUNT 12-11-2014 —Payment Received - Thank you! $673.05 01-01-2015 1.00 Monthly FRII Fiber Ethernet Connection (1/1/2015 - 1/31/2015) "focofo@frii.com' $600.00 $600.00 01-01-2015 1.00 Monthly Routed IP Subnet /24 (256-block, 254 usable) (1/1/2015 - 1/31/2015)' $49.95 $49.95 Email: billing@frii.com <mailto:billing@frii.com> Voice: 970-212-0700 (Northern Colorado) 303-448-5599 (Denver Metro) 719-448-9300 (Southern Colorado) 800-935-6527 (Nationwide) New Charges: $673.05 Total City, State, Local Tax: $23.10 Previous Balance: $673.05 Recent Payments: $673.05 CR Total Amount Due: $673.05 Invoice Date: 01-01-2015 Invoice # 1370312 Please make sure that payment is sent in time to be received by the Date Due listed above. Thank you for choosing Front Range Internet as your Internet Service Provider. 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.com Total 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 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By summer the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11, NONWAIVER, 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of tire Purchaser to insist upon strict performance of the terms and conditions hereof, fodure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights of remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure to meet speci fcatioms, either when shipped or due to dim cts of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wrihea trundam er to insist upon strict performance hermfor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase Omer by the Purchaser operate as a waiver of any ofthe terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt Of the merchandise, services ar equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual ecourrovic practice, overcharges maudlin, Gam antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Pm ghm Terms. Shipments must be F O.D., City of Fort Collins, 900 Wood St., fen Collins, CO 80522, unless otherwise specified on this Order. If permission is given to prepay freight and charge accurately, the minimal freight bill must accompany invoice. Additional charges for trucking will not be accepted. Shipment Distance_ Where manufacturers have distributing points in vaunts, pans of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when shipments are made from greater disc nce. Permits. Sella shall procure at sellers sole cost all necessary permits, eenifiestes and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly courtumed public authority having jurisdiction over the work of vendor. Seller funkier agrees to hold the City of End Collins harmless from end again,, all liability and loss incurred by them by reason of an sasened or established violation of any such laws, regulations, ordinances, rules and requirements. Amthorimtion_ All ponies to ,his Contract agree that the reeresenutives are, in fact, bona fide and possess PoII and complete authority to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits accepmnce to the terms and conditions slated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by re@rence. Any additional or different In— sad Conditions proposed by seller are objected to and hereby ejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as hated. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers imluding, without limitation, acceptance of partial late del ran., shall operom as a waive, of this 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 ate beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military aurhomics, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of fire time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the pened equal to the 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 other descriptions given, will be fit for the purposes amended, and perfoamal with the highest degree of care and competence in accordance with weapon] attendants for work of a similar namm. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. 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 as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date Of acceptance of the goods famished hereunder (acceptance not to be r mer,mmly delay, resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall or onstimte a waive, 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 warranties or guarantees, but such liability shall in no event include loss ofprofls ar 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the team, other than legal terms, including additions to or deletion' from the quantities originally ordered in the specifications or drawings, by verbal or wdtien change order. If any such change affects the amount due or the time of perfommnce hereunder, an equitable adjustment shall be made 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject o any equitable adjustment between the parties as to any work or materials their in prognuc provided that die Purchaser shill not be liable for any claims for anticipated profits on the uncompleted portion offire goods and/or work, for incidental or consequential damages, and Nat no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or me Seller curry oftheir obligations as many goods delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required m be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pmchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this mobs, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title a the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims o f others. acquired under federal or state antitrust laws for such overcharges relining to the particular goods or Nemec, purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direct, the Seller correct nonconforming or de@ctive gooda by a dale to be agreed upon by the Pnrehaser and the Seller, and the Seller thereafter indicates its inability Or unwillingness a Comply, the purchase, may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any aware resulting from the performance Ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend or the directors, officers and employees ofsuch may. The Seller's conlreetual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfarmed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process Covered by letter, patent, trademark or copyr lit, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such palented design, device, material or process in connection with the Contract, and shall indemnify the Purchase, for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute management and fire use of said equipment or pan is enjoined the Seller shall, at Its own expense and at its option, either pmcae for the Purchaser the right to continue using said equipment in at, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers r,my or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be commued under and governed by the laws ofthe State of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenumive(s), on the premises ofothem. V. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk unfit the same is fully completed and accepted, and shall, in se of any accident, destruction or injury a the weak and/or materials before Seller's final completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchase, When materials and equipment are [ nded by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become respnosibte therefor as though such materials andim equipment were being Famished by the Seller under the order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers competrodion, including occupational disease benefits, to its employees employed on or in connection with the work coved by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, $500,000 for any onaccident and property daage Itmit per aceideat of S4W,000. The Seller shall likewise require his emom unco rs, if any, a 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 Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such natifcates shall specify the data when each compensation and insurance have been provided. Such Certificates shall specify the dam when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the Crime work is Completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes Ne entire responsibility and liability fed any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pandeacr and any no all of the Purchasers oRcers, agents and employees from and again, any and all claims, losses, damages, Charles or expenses, whether direct or indirect, and whether to persons or progeny to which the Purchaser may he put or subject by reason of any act action, neglect, omission or default on the part ofthe Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In am any suit or other Proceedings shall be brought against the Purchaser, or its .pile t, agents or employees at any time oa account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees ew aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all casts, charges, atiomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees In such suits of other proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such wits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all gmrds necessary for the prevention of accidents, comply with all laws and regulations will regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 07R014