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HomeMy WebLinkAbout114432 VERIZON WIRELESS - PURCHASE ORDER - 9120509PURCHASE ORDER P° Number Page City of PURCHASE 9120509 ' of s `t Chis number must appear Collins�7 on all invoices, packing slips and labels. Date: 01/27/2012 Vendor: 114432 Ship To: FLEET SERVICES - MAIN SHOP VERIZON WIRELESS CITY OF FORT COLLINS 748 WHALERS WAY, BLDG.E #100 835 WOOD ST FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80521 Delivery Date: 01/26/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Cell Phone - Fleet Admin 1 LOT LS 1,000.00 Blanket order to cover the cost of cell phone use and equipment for fiscal year 2012. A monthly statement shall be submitted detailing charges for each phone. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 2 Cell Phone - Transfort 1 LOT LS 500.00 3 Cell Phone - Wood 1 LOT LS 4,000.00 4 Cell Phone - Fac Admin 1 LOT LS 1,000.00 9v--� 2. Oi'U92a-e_ City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 CIi7/ Of9120509 Flirt CThis Iy`�`J'' ` CollinsJ PURCHASE ORDER PO Number Page 2 of 3 number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Ordered Unit Price Extended Price 5 Cell Phone - Techs 1 LOT LS 5,500.00 6 Cell Phone - HVAC 1 LOT LS 2,500.00 7 Cell Phone - PMPD 1 LOT LS 1,500.00 8 Cell Phone - Janitorial 1 LOT LS 500.00 9 Cell Phone - Real Estate 1 LOT LS 1,500.00 Total $18,000.00 C3. O✓- eo-Q�L 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordci Terms and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By .,.lot, the City of Fon Collins is exempt from state and local taxes. Our Excerption Number is 11. NON WAIVER. 98-0,1502. Federal Excise Tax Exemption Cenifeate of Registry 84-6000587 is registered with the Collector of Failure oldie Purchaser to insist upon strict prrfonnancc of the terns and conditions hcrcof, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Snmms 1973, Chapter 39-26, 114 (a). excmise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not mlelne the Seller of Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due In defects of any of the w'amarlics or obligations of this purchase order and shall nut be deemed a waiver of any right of the damage in lransit. may be retuned to you for credit and are not to be replaced except upon receipt of wraten Purchaser to insist upon strict performance hereofor any of is rights Or remedies as to any such goods, regardless Instructions from the Cityof Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hreund r, nor shall any purponed oral modification or rscission of this purchase order by the Purchaser operate as a waiver of any of the tans Inspection, GOODS an subject to the City of Fan Collins inspection on anneal, 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. Hossm'cq it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedumx violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purelwsc order, the Seller hereby assigns to the Purchaser any and all claims it may now hove or hereafter Freight Timis. Shipments must be F.O.H., City of Fort Collins, 700 Wood St., Fun Collins, CO 80522, unless acquired under federal or state antttmst laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepoy freight and charge separately, the original freight purchased or acquired by'tire Purchaser pursuum to this purchase Oden bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance, Where manufacturers have distributing points in various pats of the country, shipment is expected front the nearest distribution point to destination, aid excess (might will be deducted fruit, Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, cenificues 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 constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass incurred by them by reason of tad assured or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF PERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein sct forth and any supplenmcnary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or dilTcrmu terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the tittle stated on the purchase older and the documents anached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal send equitable remedies, the option ufpi.ciag this older clxn'here 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 am beyond its reasonable control and without its fault ofnegligece, such acts ofGd, act of civil or military authorities, governmental priorities, fires, strikes, food, epidemics, wan or riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the time when the Seller 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 Seller warrants that all goods, articles, materials and work cove" by this odor will conform with applicable drawings, specifewhas, samples and/or .[her descriptions given, will be fit lot the purposes intended and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hamilcss from any loss, damage or expose which the Purchaser nay 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 s may be prescribed by Iry or by the terms of any applicable warranty provided by the Seller after the dune of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting hour impernef or defective work dune or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall nut eo rmitut, a waiver ofany claim under this warranty. Except as otherwise provided in this purchase older, 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 of profits or loss of use. NO IMPLIED WAILRANI'Y OR MERCHANTABILI IY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change older. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change afflicts the unman due or the tiara ofperformance 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 to any equitable adjustment between the parties as to any work or materials then in pmgm,s provided that the Purchaser shall nor W liable for any claims for anticipated profits on the uncompleted portion of the goods zndlor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to try goody which am the Sellers standard stock. No such terminaion shall relieve the Purchaser or the Seller of of their obligations as to any goods delivered hrcundr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or tenniantion is Ordered. 8. COMPLIANCE WITH LAW. The Seller wumans that sell goods said hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable lows and regulations to which the goods are subject. I'lie Seller shall execute and deliver such discontents as may be required to effect or evidence compliance. All laws and regulations required m be incorporated in agrcuments of this character are hereby incorporated herein by this reference. The Seller agrees to aide numi fy and hold the Purchaser hcurhas from all costs and damages so ftemd by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pony 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 warrants full• cicur and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agmentent• free and clear of any and all liens, restrictions• reservations, security interest encumbrances and claims fothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to coned nonconforming or defective goods by a date to be agreed upon by the Purchaser send the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious ,.cats available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims ofany nature resulting from [lie perforntunec ofsuch work. 'Phis micas, shall apply uvcn in the event of fault of negligence of rlie puny released and shall extend to the directors, officers send employees fsuch parry. 'I Ire Scller's contractual obligations, including warranty, shall not be deemed to be reduced, in oily way, because such work is perforated or caused to be performed by the Purchaser. 14. PAT EN'I S. Wherever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser 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 infirmity the Pumhascr for any cost, expense or damage which it only be obliged 10 pay by reason fsuch infringement at any time during the prosecution or after the completion of the wort, In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said quipmeat or pan is enjoined, the Seller shall, at is own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the snnme with substantially equal but noninfringing equipment• or modify it so it becomes nuninfringing. 15ANSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver tar music for any of the Sellers property or business, this older may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oft,a s used or the interpretation ofthc agreement and the rights ofull panics hereunder shall be consumed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Rcinn scrrative(s), on the premises ofothers. 17. SELLERS RESPONSIBILI'IY. The Scllcr shall carry on said work at Seller's own risk until the sure is fully completed and accepted and shall, in case of any accident, destruction or injuryto the work and/or materials before Seller's final cunmpletion nod acceptance, complctc the work at Seller's own expose and to the smistoction of the Purchaser. When materials and equipment arc furnished by others for insallotiun or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shut], at his rave expense, provide for the payment of workers compensatim6 including occupational disease bendits, to its employees employed on Or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be dune. The Seller shall also tarty eompmhcio,ke general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 fur any one person, $500,000 for any one accident send property, damage limit per accident of 5400,000. The Seller shall likewise require his contmctors, if any, to provide for such compensation and insurance. Bdom any of f is Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates 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 compcasatioo and insurance shall be maintained until alter the claim work is conmpleted and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby xsumcs the cmine responsibility and liability for any and all damage• loss or injury of mry kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase older or in connection herewith. The Seller will indemnify and hold handless the Purchaser and any or all of the Purchasers officers, agents and employee. from and against any send ell claims, losses, danagcs, charges or expenses, whether direct or indirect, and whether to persons or property to which file Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors olicets, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its o0iects, agents or employees ul any time on account or by reason ofany act, ariort, neglect, umission or default of the Seller ofany of his contmctors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and ail lung nmcuts that may be incurred by or obtained against the Purchaser or nay of its Or their officers, ugcnla or employees in such suits or other proceedings, and in case judgment or other lien be pluccd upon or obtained against the property of the Purchase,, or said panics in Or as a result of such suits or other proceedings, too 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, furnish and install all guards necessary 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 m]es and regulations issued pursuant threlo. Revised 03/2010