HomeMy WebLinkAbout114432 VERIZON WIRELESS - PURCHASE ORDER - 9111493PURCHASE ORDER PO Number Page
City Of///���OIlin9111493 1 of 3
`t Collins
This number must appeaI
V ` J on all invoices, packing
sli s and labels.
Date: 03/14/2011
Vendor: 114432
VERIZON WIRELESS
748 WHALERS WAY, BLDG.E #100
FORT COLLINS Colorado 80525
Ship To: MIS
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS Colorado 80524-4
Delivery Date: 03/14/2011 Buyer: ED BONNETTE
Note
Line Description Quantity UOM Unit Price Extended
Ordered Price
APPLICATIONS SERVICES 1 LOT LS 257.29
1 /24/ 11-2/23/ 11
2 E-GOUT SERVICES 1 LOT LS 115.99
1 /24/11-2/23/11
3 GIS SERVICES 1 LOT LS 110.60
1 /24/11-2123/11
4 NETWORK SERVICES 1 LOT LS 270.97
1 /24/11-2/23/11
s VOICE SERVICES 1 LOT LS 279.98
1 /24/11-2/23/ 11
Invoice Address:
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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:purchasing@fcgov.com PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
City Of11493 z of s
`t Collins( V This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
6 DATA MGMT SERVICES 1 LOT LS 226.23
1 /24/ 11-2/23/ 11
7 TECH CUSTOMER SUPPORT 1 LOT LS 889.68
1 /24/ 11-2/23/11
8 MIS ADMIN SERVICES 1 LOT LS 72.36
1 /24/ 11-2/23/11
9 MIS ADMIN SERVICES CREDIT 1 LOT LS -73.68
1 /24/11-2/23/11
Total $2.149.42
Invoice Address:
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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:purchasing@fcgov.com PO Box 580
Fort Collins, CO 80522-0580
Purchasc Order Terms and Conditions
Page 3 of 3
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes Our Exemption Number is
98-04502, Federal Excise Tax Exemption Certificate of Registry 84-60005R7 is registered with the Collector of
Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
instructions form the City of Fort Collins.
Inspection. GOODS am subject to the City of Too Collins inspection on arrival.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the more; and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seiler in the event of a
breach, the acceptance efor payment for goods hereunder or approval of the design, shall not release the Seller of
any of the wnrmntics or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hermforany of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted. as to any prior or subsequent default hereunder, nut shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tents
hereof.
Final Acceptance. Receipt of the merchandise, services or 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, Howm'cr, it is to be understood that FINAL Seller and the Purchaser recognize that in actual ccanamic practice, necreharges resulting front antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hermfler
Freight Terns. Shipments must be F.O.B.. City of Fort Collins. 700 Word St., Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such ovcrehzrge, relating to the particular gmds or services
othcravisc specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller. and the Seller thereafter indicates its inability or umvillingtoms to comply, the Purchaser
shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
ersL associated with such work.
Permits. Seller shall procure at sellers sole cast all necessary pennies. certificates and licenses required by all
applicable Imes, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is performed. or required by any other duly constituted public authority having jurisdiction over the work
of vender. Seller Conifer agrees to hold the City of Fort Collins hnmlms fmm and against all liability and lots
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes
and rcquimmu m.
Authorization. All panics to this contract agree that the representatives arc. in fact, bona fide and possess full and
complete authority to bind said panics,
LIMITATION OF TERMS, This Purchasc Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional term and conditions annexed hereto or inentporated herein by
rcfcrenec. Any additional or different tcros and conditions propped by self rare objected to and hereby rcjccted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
premised delivery date as noted. Time is ofthe 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 including, without
limitation, acceptance ofpanial late deliveries, shall operate as a univer of this prevision. In the event ofany delay.
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seiler liable for damages. Ilowxver. the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofacgtigemce,
such acts of God. aces efeivil or military authorities lomcmmental 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 the
time when the Seiler 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 of the delay.
3. WARRANTY.
The Seiler warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications. samples and/or other description given, will be fit for the purposes intended. and
performed with the highest degree of care and compdcam in accordance with accepted standards for work of n
similar nature. The Seiler agrees to hold the purchaser harmless from any loss, damage or expene which the
Purchaser may suffer or incur on account of the Sellers breach nfwarranry. 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 martanry provided by the Seller after the date of
acceptance of the good famished hereunder (acceptance rim to be unreasonably delayed), resulting been imperfcl
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofany claim under this warranty. Except as othcm'ise provided in this purchase order, the Scllcrs
liability hereunder shall extend to a1I damages proximately caused by the breach ofany of the foregoing wntmntu s
or guarantees but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MCRCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terns by written change order.
5. CHANGES IN COMMERCIAL TERMS,
The Purchaser may make any changes to the tome. other than legal terms, including additions to or deletions from
the quramilics originally mdered in the specifications or dnarinp. by verbal or written change order. If any such
change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchi wr may at any time by written change order, terminmc this agreement as to any or all portions of the
goods then not shipped subject to any equitable adjustment between the panics as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profit, 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 gads which arc the Sellers standard stock. No such tcmtination shall relieve
the Purchaser or the Seller of any of their obligations a, to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be io cro l within thirty (30) days Tom the date the change or tcmtination is
ordcrcd.
R. 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 good arc subject. The Seller shall execute and
deliver such documents as may he required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seiler agrees to
indemnify and hold the Purchaser hamdess from all costs and damages suffered by the Purchaser its a result of the
Scllcrs failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign. Transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller wanaats full, clear and unrestricted title to the Purchaser fm all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all liens, restrictims, reservations, security interest
encumbrances and claims ofothcrs.
The Seller shill release life Purchaser and its contractors of any tier from all liability and claims of any nature
resulting front the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party mlcascd and shall extend to the
directors, officers and employees ofsuch party.
The Se1IcLs contractual obligations, inclining warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Parchnscr,
14. PATENTS.
Whenever the Seller is required to arse any design, device, material ar process covered by Icier, patent. trademark
or copyright, the Seller shall indemnify and wve Iconic s the Parchnscr 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 Pumhascr for any cost expense or damage which it may he obliged to pay by reason ofsuch
infringement of any time during the prosecution or after the completion of the work. In case mid equipment, or
any part thereof or the intended use of the guarK is in such suit held to constitute iniriagcmcnt and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option. either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
naniafringing equipment, or modify it so it becomes noninfringing.
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 Seller, pmpcny or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions oftcrm, used or the interpretation ofthc agreement and the rights of all parties heramder shall be
consorted under and governed by the Imes of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is In perform work hercundee
including the services of Scllcrs Rcprescntative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Scllcrs own risk until the same is fully completed and accepted, and shall,
in case of any accident. destruction or injury to the work and/or materials before Scllcrs final completion and
acceptance, complete the work at Seller's no,n experose and to the satisfaction of the Purchaser. When materials
and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, unload.
stare and handle same at the site and become responsible therefor as though such materials and/or equipment
Were being famished by the Seller under the order.
IS. INSURANCE.
The Seller shall, at his am expense, provide for the payment of workers compensalm. including occupational
disease benefits, to its employee, employed no of in connection with the work covered by this purchase order,
and/or In their dependents in accordance with the laws of the state in which the work is to be done. The Seiler
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,WO for any one person. S500,000 for any
one accident and propeny damage limit per accident of S400,000. The Seller shall likewise require his
contractors, 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 ofothcrs, the Seiler shall famish the Pumhascr with a ecnificetc
that such compensation and insurance have been pmvided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such eenifientes shall specify the date when such eoomm,mion
and insurance expires. The Seller agrees that such conmpmmlion and insurance ,hall be maintained 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 and all damage, less or injury ofany kind
or nature whatsoever to persons or property caused by or resulting from the execution of the work pmvided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Parchnscr and any
or .I1 of the Purchasers officers, agents and employees from and against any and all claims losses, damages.
charges or expenses. whether direct or indirect. and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his
eontmeters, or any of the Scllcrs or contractors officers, agents or employees. In case any snit or other
pnmcnbngs shall be brought against the Purchaser, or its of men. agents or employees at any time on account or
by reason of my act, action, neglect, omission or default of the Seiler of any of his contractor, or any of its or
their officers. agents or employees as afommid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, lttnmcvs 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 snits or other pr ccedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said panics in or as a result ofsuch suits 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 pmcmnims, furnish and install all guards accessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safcty and Hcalth Act of 1970 and all talcs and regulations issued pursuant thcrcto.
Revised 0312010