HomeMy WebLinkAbout114432 VERIZON WIRELESS - PURCHASE ORDER - 9141920City of
F6rrt Collins
Date: 04/07/2014
PURCHASE ORDER
Vendor: 114432
VERIZON WIRELESS
748 WHALERS WAY, BLDG.E #100
FORT COLLINS CO 80525
PO Number Page
9141920 1of2
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: 04/04/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Wireless March 2014 1 LOT LS 5,242.13
9722369634
2 Wireless March 2014 OEM
97
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
1 LOT LS
76.98
Total $5,319.11
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local nixes. Our Exemption Number is 11. NON WAIVER.
98-N502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist on strict pedomrance of the mmu and conditions hereof, Failure or delay to
Intemal Revenue, Denver, Colorado (Ref. Coleman Rmimd Statutes 1973, Channel 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure w meet specifications, either when shipped or due In defects of any of the waranties or obligations of this purchase order and shall not be deemed a waiver of any debt of the
damage in transit, may be Warned to you For credit and are not 1. be replaced except upon receipt of wdaen purchaser to insist upon stud performance hereof or any of its rights or mmdies as to any such goods,regardless
instructions from the City of Eon Collins. of when shipped, received or ar,o,unk re m any prior of subsequent default hereunder, nor shall any purposed
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival, hereof.
Final Acceptance. Receipt of the merchandise, services
m or sapopon in response to this order canesolt in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Eon Collins, However, it is to be understood that FINAL Seller and the Purchaser recognize that in antual economic practice, overcharges resulting from wham
ACCEPTANCE is dependetupon completion ofall applicable respired inspection procedures. violations are in fact home by the Purchaser. Therdofrre,nfor rgood cause and as consideration for -exempting this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terns. Shipments must be FOB., City of Fart Collins, 700 Wood St, Eon Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges mini to the particular goods or services
otherwise 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 distabuting points in vaomrs pans of the oainrry, shipment is If the Furling, directs the Seller to comet 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 from invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments arc made from greater distance, may cause the work to be performed by the most expedltioos means available to it, and the Seller shall pay all
casts associated with such work.
Pemhit. Seller shall procure at sellers sole cost all necessary permits, oetificams and licenses required by all
applicable I aws, regulations, ordinances and rules of the state, municipality, tomtory or political subdivision where
the work is performed, or required by any other duly con rtu ed public wfla aty booing junse icuon over the work
of vendor Seller further agrees to hold the City of Fort Collins harmless how end against all ].ability and loss
w,red by them by reason of an asserted or established violation of any such laws, regulations, ordinances, toles
and requirements.
Authorization. All ponies to this contract agree that the represaammen an, in fact, bona fide and posse. full and
o Wom antagonistic bind said parties.
LIMITATION OF TERMS. This Purchase OMef expressly limits acceptance ra the terms and conditions sorted
herein set forth and any supplementary or additional tams and conditions annexed hereto or meoryemred herein by
reference. Any additional or different terms and conditions proposed by sells, am.1,beed to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery data as noted Time is of the essence. Delivery and pedmmawn must be effecld within the lime
,rated on the purchase order and the documents attached hereto. No acts of the Pumhnsem including, without
]initiation, acceptance ofpamal late delivedm, shall operate as a wmverof this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a resift of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such nits of God, acts ofeivil or military authorities, governmental 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 Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for the Fero) equal to the time actually last by reason of the delay.
3. WARRANTY.
The Seller warrants that all good., articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or the, Membrane., 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 oft
similar nature. She Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may sufferer incur on account of the Sellers breach of wamiity. The Seller shall replace, repair m make
,and. without cast to the purchase,, any defects or faults arising within one (1) year or within such longer period of
time as may be proscribed by few or by the an. of ivy applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not
institute a waiver ofany claim under this warranty. Except as otherwise provided In this purchase order, 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 lass ofprofits or lass of are. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SIULL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by warren change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purolator may make any changes rip the terms, other than legal norms, including additions to o, delelions from
Me quantities originally ordered in the specifications or drawings, by verbal or wanen change order If any such
change aHeds the amount due or the rime of performance hereunder, an equitable adjuroment ahAl be made.
6. TERMINATIONS.
The Pumbaser may at any time by woltcn 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 than in
progress provided that the Purcbnser shall not be liable for any claims for amonlacd profits on the uncalled
portion of the gaodc andor work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock No such termination shall relieve
the Purchaser or the Seller ofany oftheir obligations w to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or nomination is
ordered.
8. 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 goods are subject. The Seller shall execute and
deliver such dooumarts as may be occurred to o fect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from s11 costs end damages ,placed by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neitho pan, shall assign, tmnsfe,, or convey this order, or any monies due or a became due hereunder witha n the
prior written consent office other party.
10. TITLE.
The Seller warrants full, clear and concentrated title to the Purchaser for all equipment, materials, and items furnished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of orders.
The Seller shall release the Pmolaser and its contractors of any our 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 released and shall extend to the
director, officers and employees of such party.
The Sellers commewal obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or around to be performed by the Purchaser.
14. PATENTS.
Wheneverthe 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 meson of the use of such patented design, device, minimal or process in connection will the contract, and
shall indemnify the Pumhnser for any cost expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or oiler the completion of the work. In race said equipment, or
any part thereof or the intended use of the goods, is in such suit held to constitute inln'ngea ant 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 ruing said equipment or pans, replace the same with substantially equal but
noninfdnging equipment, or modify it so it becomes noninfdnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or Wstee for any of the Sellers propery, or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The d6milime of terns used orthe imerpretation of the agreement and the rights of all parties hereunder shall be
ansuued under and govemed by the laws of the Stole of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Seller Representative(s), on the promises of others.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in e of any accident, destruction or injury to the work soaker materials before Sellers final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by tie Seller, the Seller shell receive, unload,
store and handle same at the site and became responsible therefor as, though such materiak maker equipment
were being fumished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
ankar to their dependence in accordance with the laws of the state in which the work is to be dune The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bedlly injury ad death limits of at least $300,000 for any one person, $500,000 for any
one accident aid property damage limit per accident of $400,000. The Seller shall likewise require his
enactors, if any, to provide for such compensation and insurance. Before any of the Sellers or his emanation;
employees shall do any wad: upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been provided Such certificates shall specify 0e date when such
compensation and insurance have been provided. Such certificates shall specify the die when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be mainlined until after the
entire work is completed it .,,led.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless tie Puchoser and any
in all of the Purchasers officer, agent and employees from and against any and all claims, losses, damages,
chary,, or expenses, whether drive, or indl end whether to persons or propery at which we Pmchnca 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 officer, 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 or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and w
defend the same at the Sellers own expense, to pay any and all cost, charges, antomeys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their otlicers,
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 parties in or as a result of such sales or other proceedings,
Me Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his cmumctor, shall take all safety precautions, furnish and :stall all guards necessary for the prevention of
accident, comply with all laws and regulations with regard to safety including, but without hatiole , the
Occupational Safely and Health Act of 1970 and all miles and regulations Issued pursuant thereto.
Revised 0312010