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HomeMy WebLinkAbout114432 VERIZON WIRELESS - PURCHASE ORDER - 3212310PURCHASE ORDER PO Number Page City Of 3212310 1 of z `t Collinshis number must appear ` 1 ' on all invoices, packing slips and labels. Date: 01/27/2012 Vendor: 114432 Ship To: PARK MAINTENANCE VERIZON WIRELESS CITY OF FORT COLLINS 748 WHALERS WAY, BLDG.E #100 413 S BRYAN FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80521 Delivery Date: 01/26/2012 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 2012 Annual Blanket PO 1 LOT LS 30,000.00 Misc Goods & Services 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Teens and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemption, By statute the Cityof Fort Collins is exempt Inconstant, and local taxes. Our Exemption Number is 95-04502. Federal Exeisc Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26, 114 (a). Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or disc to defects of damage in transit. may be warned to you for credit and arc not to be replaced except upon receipt of written instractions from the City.. -Fort Collins. - Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser In insist upon strict performance of the terms 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 ocecpmnce for payment fur goods haca ider or approval of the design, shall not release The Seller M any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the Purchaser to insist upon strict perforsumcc hercofor any 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, nor shall any pnglar ed oral modification or rescission of this purchase order by the purchaser operate as a ..giver of any of the terms 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 Pon Collins Ho,,,,. it is to be understood that FINAL Seiler and the Purchaser recognize that in ncnell economic practice. necrcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne 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 Freight Terms. Shipments must be F.O.B.. City of Fen Collins, 700 Wood St.. Fun Collins, CO 80522, unless acquired under federal or stare antitrust Imes for such overcharges rotating to the Paniculm goods or services otherwise specified no 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. Shipment Distance. Where mnufnetuaa have distributing points in various parts of the country, shipment is expected from the sternest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all nmessary pcmtits, certificates and licenses requited by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is perfomud, or required by any other duly constituted public authority having jurisdiction over the work of evader. Seiler further agrees to hold the City of Fort Collins harmless from and against all liability and Toss incurred by them by reason of an asserted or established violation of any such lows regulations, ordinances, mlcs and requirements. Authorization. All panics In this contract agree that the representatives are. in fact. bona fide and possess fall and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set hand gad any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions propmad 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 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 Purchascrs including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplocing this order chewhere and holding the Seiler liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes ant reasonably foreseeable which am beyond its reasonable control and without its fault ofnegligcocc. such act of -God, acts ofcivil or military authorities. governmental priorities, fires, strikes, Rood, epidemics, wars or riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first meched 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 descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seiler agrees to hold the purchaser harale,s farm any loss, damage or expemtt 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 he prescribed by law or by the toners ofany applicable womanly provided by the Seller after the date of acceptance ofthe goods fumished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect 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 wamnty. Except as otherwise provided in this purchase order, the Scllcrs liability hemundcr shall extend to all damages proximately caused by the breach of any of the foregoing wartamics or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhascr may make changes to legal rams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or delctimus front the quantities originally ordered in the specifications or dmwingv, by verbal or written change order. If any such change affects The amount due or the time ofperfomiance 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 trimly equitable adjustment bctwvca the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seiler with respect to any goods which are the Sellers standard stock. No such termination shall relic,, the Purchaser or the Seller of any of their obligations as to any goods delivered heeunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment, must be asserted within thirty (30) days form the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seiler ...is that all goods said hereunder shall have been produced, sold, delivered and fumished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seiler shall execute and deliver such documents as may be 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 Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchrect as a result of the Scllcr failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order. or any monies due or to become due hereunder without the prior written consent ofthe other parry. 10. TITLE The Scllcr warrants full, cicaraod unrestricted title to the Purchaser for all equipment materials, and items furnished in perfommncc of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. film Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seiler, and she Seller Iherca Ref indicates its inability or unwillingness to comply, the Purchaser may cause the work to be Performed by she most expeditious means available to it, and she Scllcr .shall pay all costs associated with such work. The Seller shall release the Purchaser and it contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party mIca cd and shall extend to the directors, oReces and crnployccs of such party. The Seller's CiantoultIal obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perforated by the Ponchnser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seiler shall indemnify and save humlem the Purchaser from any and nil 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 Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsueh infringement at any time during the prosecution or after the completion ofthe work. In case said equipment. or any part thereof or the intended use of the goods, is in such suit held to constitute ininagcmcnt and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option. either procure for the Purchaser the right to continue using mid equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noniniringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an arc ignment for the benefit of creditors, appoint a receiver or trustee for any of the Set Tors property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the intcupetatian ofthc agreement and the rights of all panics h<rcundcr shall be construed under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Rcpmscntative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Sellershall tarry on said work m Scllcrs man risk until the same is fully completed and accepted, and shall. in ease of any accident. destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction ofthe Purchaser. When mateials and equipment are famished by others for installation or crmtion by The Seller, the Seller shall receive. unload, store and handle more at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall. at his non expense, provide for the payment of workers compensation, including occupational disease benefits, to is employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance wish The laws of the state in which the work is to be done. The Scllcr shall also tarty comprehensive general liability including, but not limited to, contractuml and automobile public liability in once will, hnlily injury and death limit% of at least "06.001, for any one person. $500,000 for any one accident and pmpeny damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to pmvidc for such compensation and insurancc. Before any of the Sellers or his contractors camloyec%shall do any work upon the pnnii%cs of ethers, the Seiler shall furnish the Pnmhoscr 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 insuoance expires. l'he Seller agrees that such compensation and insurance shall be maintained until after the emirs 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, loss or salary ofany kind or nature whmsmver to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any or all of the Purchascrs officers. agents and employees farm 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, ncgleet omission or default on the pan ofthe Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents; or employca. In cow any suit or other proceedings shall be brought against The Purchaser, 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 or any of its or their officers, agents or employees as af.mmid. the Seiler hereby comes to assume the defense Thereof and to defend the same at the Sellers own expense, to pay any and all casts, charges, lu omcys tea and other expense, any and all judgments That may be incurred by or obtained against the Purehascr or any of is or their of ices. 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 she Purchaser. or said panics in or as a result of such suits or other proceedings. The Seiler will at once cause the same to be dissolved and discharged by giving bond or othemise. The Seller and his contractors shall sake all mfcty prccausions, furnish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including. but %%ithost limitation, the Occupational Surety and Hcalth Act of 1970 and all talcs and regulations issued pursuant thereto. Revised 0312010