HomeMy WebLinkAbout114432 VERIZON WIRELESS - PURCHASE ORDER - 9141834Fort of
Date: 04/01/2014
PURCHASE ORDER
Vendor: 114432
VERIZON WIRELESS
748 WHALERS WAY, BLDG.E #100
FORT COLLINS CO 80525
PO Number Page
9141834 left
This number must appear
on all invoices, packing
sli s and labels.
Ship To: POUDRE FIRE AUTHORITY - AD
102 REMINGTON
FORT COLLINS CO 80524
Delivery Date: 03/31/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Jan Feb 2014 Wireless 1 LOT LS 12,276.16
9720648962
2 Jan Feb 2014 Wireless OEM 1 LOT LS 153.96
9720648962
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
$12,430.12
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
rchase Order Terms and Conditions Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from suite and Waal lases. Our Exemption Number is
984)4502. Federal Excise 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 or
Goad Rejected. GOODS REJECTED due to failure to meet specifications, either whin shipped or due to defects of
damage W transit, may be resumed to you for credit and are rat to he replaced except upon receipt of wrinev
instrurtiotts from the City of Fon Collins.
Inspection. GOODS art subject to the City of Pon Cut[. ne atiw oa arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
authorized payment on the part of the City of ran Collins. However, it is to he understood that FINAL
ACCEPTANCE is dependent upon rompleion of all applicable required inspection procedures.
Freighl Terms. Shipments must he F.O.B., City of Fain Collins, 700 Wood Sr, Fan Collins, CO 80522, uaess
othervise specified on this order If permission is given to prepay freight ak charge spamrely, the original freight
bill most accompany invoice. Additional charges for parking will not be accepted.
Shipment practice. Where manufacturers have distributing points in various Torts of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will b<deducted from Invoice when
shipments are mode from greater dismnce.
Factors. Sella shall prosure at sellers sole cost all necessary parries, cenificates and licenses required by all
applicable laws, regulatime, ardecomes and rules of the state, municipality ternary a political sunfroiw where
the work is performed, a required by any other duly omminal public authority hasiag jurisdiction over Nei weak
of vendor_ Seller fuller, agrees to Wald We City of Fon Collins larnless f and agaitrst all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulariom, ordirunces, roles
and requirements.
Authodmrion. All pestles to this contract agree that the re mmoimtives It, in fair, bum fide and assess full and
complele authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated
herein act With and any supplementary or additional mars and conditions annexed hereto or incorpomted herein by
reference. Any additional W dillerem mars and conditions proposed by seller me objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately By. cannot make arnplae shipment to arrive Ws your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
sated on the purchase order said the documents attached hereto. No odor of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate w a waiver 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 Sella liable for damages. However, the Seller shall not be, liable for damages as a result of delays
due to causes oar reasonably f eemir which We, beyond its reasonable control all withom its fault of negligence,
such acts of God ace afeivil or military authorities. goremmrnal priorities, fares, strikes, Rood, epidemic. wars or
riots provided Nan native of rise moditions coming such delay is given to We Purchaer within Five (5) days of We
time when We Seller But received knowledge thereof. In We event of any such delay, We date of delivery shall be
extended for the period equal to the time actually lost by reason of We delay.
3. WARRANTY.
The Seller warrants that all gaol, articles, materials and work covered by this order will conform with applicable
drawings, spaifinions, samples Wri other descriptions given, will be fit for We purpose intended cad
performed with the highest degree of care and amptence in accordance with accepted standard for work of a
similar nature. The Sala agrees an hold the purchaser hmmleas from any lass, damage or expense which rise
Purchaser may sulfa err iaur, on brown of the Sellers breach afwmmnry. The Sella shall WN.. o p'v at make
good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer record of
time as may be, prescribed by law or by We terms of any applicable waronry provided by the Seller ru er the date of
aaepance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not
constitute a waiver of any claim order this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hormaruler shall extend to all damages proximately caused by the breach of my of the foregoing warranties
or gwmantas, but such liability shall in no ea'ere include lass of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
d. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchase may make any changes to the icons, other than legal terns, including additions to or deletions from
the quantities originally ordered in We specifications or drawing, by verbal or women change order. If any such
change alt a W the amount due or e time ofperformance hereunder, an equitable adjustment shall he made.
6. TERhfrNAT10NS.
The Puahasa may at any time by wrinen change We, «rmimm this agree err as to any or all portions of We
goods Wen not shipped subject to any equitable adjmtmenr between the parties as to any work or materiah Wen in
progress provided that the Purchaser shall not be liable for any claims for anticipated prone, on the uncompleted
portion of the goods ampor work, for incidental or cameraps mial damages, and that no such adjustment be made in
favor of the Seller with respect to any good which are the Sellers standard stock. No such temmira oat shall relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within Worry (30) days from the date We change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wamann that all goad sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulatio s to which the goads are subject The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required a be,
maux,amted in agreements of Wis eberdaer art hereby incorporated herein by this reference. The Seller agrees in
indemnify and hold the Purchaser harmless from all cosh and damages suffered by We Purehmer as a result of the
Sellers failure W comply war such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or in became due hereunder without the
prior written consent of the other potty.
10. TITLE.
The Seller accounts full, clear and muesuicted title to rise Purchaser for all equipment, materials, and items famished
in performance of this agreement, fin and clear, of any and all liens, restrictions, raenaions, security interest
mcumra bncesand claims ofothers.
11. NON WAIVER.
Failure of the Purchaser to insist upon strict prfommwee 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 Seller in the event of a
breach, the useepance of or payment for goods hereunder or approval of the design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver army right of the
purchaser to insist upon strict performance heteafm any of its rights or mmedies ex to any such good, regardless
of whm shipped, received or crated ss to any prior w subsequent default hemunda nor shall any purported
oml modification or rescission of this purchase order by the Purchw r operate as a waiver of any of the terms
hector.
12, ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
violations are in fact home by the Producer. Theretofore, for good cause and w comidemtion for executing this
pumhas, order, the Sella hereby assigns to the Purchaer any and all claims it may now have or hereafter
acquired under federal or sate antitrust aws for such overchar mi relating to the particular goods or services
purchimad or acquired by the Purchaser pursuant or this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATION'S.
If the Purchaser directs the Seller to comet nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be praf owed by the roar expeditious means available to it, and the Seller shall pay all
casts associated with such work.
The Seller shall rclaim the Purchaser and its nwreco s of any tier from all liability and claims of any mare
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the Tommy released and shall extend to the
directors, offerers and employes of such party.
The Sellers contractual obligations, including warranty, shall not be deemed ro be reduced, io any way, because
such work is performed or caused to be performed by the Pumbaca.
14. PATENTS.
Whenever tM Sella is required to use any design, device, material or process covered by lener, plink traMwrk
W copyright, the Sella shall indemnify and save hvmless the Pmchma from any and all claims for infringement
by reason of the use of such patented design, device, material or process in contracts with the contra all
shall indemnify the Pumhssa for any cost, expense or damage which it may be obliged to Toy by reawn of such
infringement at any time during the prwroution or after the completion of the work. 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 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 said equipment w pans, replace the some with substantially equal but
noninfringing equipment, or modify it m u becomes n rnin(Nnging.
15. INSOLVENCY.
If the Sella shall become insolvent or bmmkmpr rake on essigmnent for Nei benefit of crNibrs, oppoim a
receiver or trustee for my of We Sellers property or business, this order may foMwith be canceled by We
Purchaser without liability.
16. GOVERNING LAW.
The &finitions of temna used or the interpretation ofthe agreement and We rights of all parties hereunder shall be
cmrswed under and governed by the laws of the Sam ofColomdo, USA.
The following Additional Cmditions apply only in cases where We Seller is an perform wood hereunder,
including the samaras of Sellers Rcpresserative(s), on the premises ofothar,
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk until We same as fully completed and accepted, and shall,
in case of any accident, distortion or injury to the work and/or materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and W We sarmanion of the Purchaser. When materials
and equipment on, famished by others far installation or erection by the Seller, the Sella shall receive, unload,
more and handle same at the site and become respnsible therefor as though such materials and/or equipment
were bang famished by the Sella order the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for We payment of workers compensation, including occuptioml
disease benefits, 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 sate in which the work is to be done The Seller
shall also carry comprehensive general liability including, but not limited to, contractual sad automobile public
liubiliry insurance wiib bashly injury and death limits of at loam 5300,000 for any one person, 550QUW for any
otter accident and propeny damage limit per accident of Sgod,000. The Seller shall likewise require his
if any, to provide for such compvesation am insurance. Before my of the Sellers or his
employees sbull do may y weak upon We premises of others, WeSell, sisal famish the Purchaser wild a certificate
dot such ram muinn and insui have been provided. Such unineates shall specify We date when such
compensation and insurance have been provided. Such cenificates shall specify We date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until arm the
entire work is completed and accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes We entire responsibility mod liability, for any and all damage, loss or injury ofwy kind
or nature commencer to persons or property town by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Sella will indemnfy and hold Fern ss We Purehuer and any
W all of We Producers oReers, agents and employes from and agahsn any and all claims. losses, damages,
charges or expenses, whether diral air im it d. and whether to persons err property to which the Purchase may
W, put or subject by reacw of any act, action, neglect, omission m default on the prat office Sella any of his
manometers, or any of the Sellers or contractors officers, agents or employes. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents m employees at any time on account or
by reason of my as action, neglect, omission or default of the Sella of any of his mnowbous or any of its ar
their officers, agents or employes w aforesaid rise Seller hereby agrees to assume the defense thereof and to
defend the same at the Sella own expense, a Toy my and all costs, charges, attorneys has and other exPenes,
any all all judgments that nay be Warned by or obtained against the Purchaser or any of its or their amcers,
agents w employees in such suits or order proceeding, and in rase judgment or other lien be placed upon W
obtained against the property aide Purchaser, or mid prties in or as a result of such was or other praeedings,
the Seller will an once came the same a be dissolved and discharged by giving bond or otherwise. The Sella and
his contractors shall take all aufe y precautions, famish and immll all guard mummery for the prevention of
accidents, comply with all laws and regulations with regard W safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all ales and regulations issued ..of Hann.
Revised 032010