HomeMy WebLinkAbout127569 FRONT RANGE INTERNET INC - PURCHASE ORDER - 9150593Fort Collins
Date: 01/26/2015
PURCHASE ORDER
PO Number Page
9150593 1of2
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 127569 Ship To:
TRANSFORT BUS FACILITY
FRONT RANGE INTERNET INC
CITY OF FORT COLLINS
3350 EASTBROOK DR
6570 PORTNER ROAD
FORT COLLINS CO 80525-5731
CITY OF FORT COLLINS CO 8052
Delivery Date: 01/26/2015
Buyer:
WILSON, JILL
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.
"SUBJECT TO THE TERMS AND CONDITIONS OF BID 7549
AND AGREEMENT DATED 1/13/14"
Line Description Quantity
UOM Unit Price
Extended
Ordered
Price
i 2015 Blanket Order 1 LOT
LS
42,341.00
WIFI Access & Support
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.00m
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Teals and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from Noun and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cenifl am of Registry 84-6000582 is registered with the Collector of
Imemal Revenue, Denver, Colorado (Rrf. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failam m mat specifiwfions, either when shipped or due to defer. of
damage au namit, may be Iemmed I. you for credit and art not W be initiated except upon receipt of written
instructions from Ile City of Fan Collins.
Inspection GOODS are>ubject to the City of Fan Collins inspection on arrival.
Final Acceptance. Receipt of the meadcona , sackers or cquipnswil an response In this order on. resdt to
authorized payment an the pan of the Cary of Fon Collins. However, it a as be unlersmod had FINAL
ACCEPTANCE 0 dependent upon completion ofail applicable unwired inspection procedures.
Freight Terre. Shipments mot be F.O.B., City of Fon Collins, 200 Woad SL, Fort Collins, CO 80522, .less
otherwise i pecafed on this order. If permission is given to prepay freight and charge separately, the cropal freight
ball must accompany invoice. Additional charges far packing will not br accepted.
Shipment Distance. Where manufacturers have disnabuting point in swarm pans of the trial shipment is
expected tram the nearest distribution Point to distinction, and excess freight will be deduced from Invoice when
shipments are made fmm greater distance.
I I. NONWAIVER.
Failure of the purchaser to insist upon stria performance of the team and conditions harm[ failure or delay to
any rights or remedies provided hared. or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
any of the warranties or obligations of this purchm r order and shall riot be deemed a waiver of any right of the
purchaser to insist upon strict pafmmance he mfor any of its rights or mmedies as to any such good, regardless
of when shipped, received or aceepted, as to my prior or subsequent default hereunder, nor shall any purported
and modification or rescission of this purchase maker by tie Purolator operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recognize that in actual cammic p.oil., overcharge resulting from antitrust
vlmlataons are an fact borne by the Puchaser. Theretofore, far god came and as comadefin mn for execmiog this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state antitrust laws for such overcharges miming to the particular good or services
purchased or acquired by the Purchaser Pursuant to this Purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser threat the Sella to correct.monformirng or defective good by a date to be agreed upon by Ile
Purchaser and the Sella, and the Seiler Rental indicates it inability or unw'illingnrss to comply, the Purchaser
may was the work to he performed by the mmT expeditions means available to it, and the Sella shall pay all
cost associated with such work.
Permit. Sella shall procure at sellers sole cost all necessary permits, certificates and license figured by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is Performed, or acquired by any other duly amounted cd public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins hamrless from and against all liability and loss
tied by them by Wesson of an seemed or established violation of any such laws, regulations, ordinances, tales
a�ar
regnimerman.
Authoritarian. All parties to this contact agree that the represenmtiv'e me, in fact, bona fide and possess full and
complete authority to band said parties.
LIMITATION OF 3 HRMS. This Purchase Order expressly limits acceptance to the terms and conditions stored!
herein set forth and any supplementary or additional moss and conditions annexed herem or incorporated herein by
reference. Any additional or different mains and conditions proposed by seller we objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENTin nttliaely it you cannot make complete shipment to arrive on your
promised delivery date as noted. T into its of the essence. Delivery and Iorfcarmic, mug be efected within the time
stated on the purchase order vad the documents atumhed hereto. No vets of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiverof this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal mod equitable remedies, the option ofplwing this other elsewhere
and holding the Sel let liable for damages. I lowrver, the Seller shall not be liable for damages as a ..It of delays
due to causes not reasonably foreseeable which are beyond it reasonable control and without its fault of negligence,
such acts of Gad, eats of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
rids provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller fun received knowledge thereof. In the evens of any such delay, the date of delivery shall be
extended for the permit equal to the time actually lost by remon of the delay.
3. WARRANTY.
The Seller warrants that all goad, articles, materials ad work covered by this order will conform will applicable
drawings, specifications, sample .Nor other descriptions given, will be fit for the purposes intended, mad
Performed with the highest degree of care and competence in accordance will accepted standard for work of a
similar mare. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purehuer may suffer or mouton woman ofthe Sellers breach of warranty. The Sellershall replace, repair or make
good, without cost to the purchaser, any defects at faults easing within one (1) year or within such longer period of
time as may b r prescribed by law or by the tears of any applicable warranty pmvid by the Seller after the date of
acceptance of the goods fumuhad hereunder weeptame not to Ee muse bly delayed), caullaag farm imperf t
or defective work done or ratedzls famished by the Sella. Acceptance or use of good by the Purchaser shall not
omtimte a waiver of any claim under this warranty. Except as otherwise provided in this Purchase other, the Sellers
Hal hereunder shall extend to all damages Proximately caused by the breach of any of the foregoing warrentaes
or guaranties, but such liability shall an no ,at include loss ofpmfim or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The pmq ma may take changes m legal terms by wnnen change order.
5. CHANGES IN COMMERCIAL. TERMS.
The Purchaser may make any changes to the mans, other than legal raw, including additions to or delaaons from
the quantities originally ordered in the specifications or dmwingx, by verbal or women change order. If any such
change affects the amount due or the time of rawformnce hereuMer, on equitable adjmtment shall he made.
6. TERMINATIONS.
The Purchaser may at any time by within change under, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties as to 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 ofthe goods andor work, for incidental or occommemial damages, and that no such adjustment be made in
favor of the Seller with respect o any goods which art the Sellers social stock. No such termination shall relieve
the Purchaser or the Seller of any oftheir obligations as to any goad &I vaed hereunder.
). CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be warned within thirty (30) days from The dam the change or te.inamon is
Ordered.
8. COMPLIANCE WIT] I LAW.
The Seller warrants that all Bands sold hereunder shall have been produced, sold, delivered and f mished in strict
compliance with all applicable laws and regulations in which the goods are subject The Seller shall execute end
deliver such documents as may be required a e@et or evidence compliance. All laws and regulations required to be
incorporated an agreements of this character arc hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless from all cost and damages suffered by the Purchaser res a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall ensign, Iansfer, or convey this order, or any monies due or to become due hereunder without the
prior wrinen consent of the other pony.
10. TITLE.
The Sella warrant full, Iran and unrestricted title to the Punchma for all equipment, material, and stems fumkbed
in performance of this agreement, free and clear of .y .d all Iaem, restrictions, reservations, security interest
mcu rfaccomes and claims ofotllers.
The Seller shall release the purchaser and its commetors of any tier fmm all liability and claims of any nature
resulting fmm the Performance ofsuch work.
This release shall apply even in the event of fault of negligence of the Party released and shall extend to Ile
directors, olBrom and employees nrsuch party.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, baause
such work is perfomrN or caused an be perforated by the Producer
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by lever, pmart, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and at I claims for infringement
by reason of the use of such patented design, device, material or process in connection with the compact, and
shall indemnity the Purchaser for any cost, expense or damage which sunny be obliged to pay by reason of such
infringement an any tame during the prosecution or alter the completion of the work. In case said equipment, or
any pan thereof or the intended use of are goods, is in such suit held coo constimt, anlrin,ammit and Ina nse of
said equipment or part is enjoined, The Seller shall, at it own expense and at it option, either procure for the
Purchaser the right to continue using said equipment car p:,as, replace the some with substantially equal brat
naninMnging equipment, w modify it so it becomes noninfinging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt, make . assignment far the benefit of creditors, appoint a
receiver or trmtee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
0. GOVERNING LAW.
The definitions ofit. used or the amerpmmtaon of the apartment and the rights ofi ll parties hereunder shall be
combued order and govemed by the laws ofthe Sate of Colorado, USA.
The following Addifioal Conditions apply only in cases where the Sella is to perform work hereunda,
including the services of Sellers Represtnmtive(s), on the prtmles of others.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk until the same is fully completed and accepted, aad shall,
in case of my accident, destruction or injury to Ile work a ndrmr materials before Sellers final completion and
ucepmae, complete The work at Sellers own expense and an the satisfaction of the Puchaser. When materials
and aluapmeng are published by others for installation or erection by the Sella, the Seller shall receive, .load
store and handle sense m the site and become responsible therefor as though such materals andfor equipment
were being fumishol by dam Sella We, the order.
I& INSURANCE.
The Seller shall, at his own expense, pr evide for Ile payment of workers compensation, including assoma rmand
disease benefits, to as employees employed on or in connection with the work covered by this purchase order,
actor 1. their drpenwewt an accordance wath Ile laws of the sure an which the work is a be done. The Seller
shall also wry comprehensive general liability including• but not limited to, anatomical and automobile Public
liaba r, insurance ward badly injury and death limits of at lean 53or,tro for any one person, S500,000 for any
me accident and property damage limit Pa accident of S400,0l The Seller shall likewise acquire his
mntmcmrs, if any, to provide for such compensation and in e. Before tiny or do Sella or his
employees shall do my work upon the premises of others, the Seller shall famish the Producer with a cenaficate
that such compensation and insurance have been provided. Such ecaifica es shall specify the date when such
compensation and him ante have been provided. Such cerifiwtes shall specify the date when such compensation
.d insurance expires. The Seller agars that such compensation and insurance shall be maintained until after the
amine work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liabil Ity for any and all damage loss or injury of any kind
r nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or In connection herewalh, the Seller will indemnify and hold hamtless the Pumbaser and any
r all of the Purchasers ofners, agents and employees farm and against any and all claims, losses, damages,
charges or expenses, whalunr direct or indirect, and whether to persons or property to which the Purchaser may
be prat or ml eat by reason of any act, action, neglal, omisman or default on the pan of the Sella, .y of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchase, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors an any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense director and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their afters,
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 panic in or as a result of such suits or other proceedings,
the Seller will at came cause Ile same to he dissolved and d'.chmged by giving band or otherwise. The Seller and
his contractors shall rake all safety praautiom, frawsh and install all gum& nar,snry for the prevention of
accidents, comply with all laws and regulations with regard to safety holudang, but without limitation, the
Occupational Safety stand Health Act of 1970 and all ales said mplmions issued pursuant theme.
Revised 07n014