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HomeMy WebLinkAbout114432 VERIZON WIRELESS - PURCHASE ORDER - 9144442PURCHASE ORDER PO Number Page City, of PURCHASE 44442 1 of z ' `t Collins/ his number must appear V " �7 on all invoices, packing sli s and labels. Date: 08/05/2014 Vendor: 114432 VERIZON WIRELESS 748 WHALERS WAY BLDG E #100 FORT COLLINS CO 80525 Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 08/05/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Wireless Charges Jun -Jul 1 LOT LS 5,491.92 Inv.9729211514 2 Wireless Charges Jun -Jul OEM 1 LOT LS 76.98 Inv.9729211514 Total $5.568.90 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@fogov.com Pay terms net 30 days 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 I. COMMERCIALDEfA1LS. Tax exemptions. By statute the City of Fort Callires is exempt form state and local vexes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificane of Registry 84-6000587 is registered with the Collector Of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in 'he event Of a breach, the acceptance of or payment for gourds hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of my of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in eansit, may be renamed to you for credo and are, not to he replied except upon receipt of written Random' to insist upon under performance hereofor any of its rights or anomalies, u to any such goads, regardless indamnuions funs the City of Fan Collins. of when shipped, received or scceplN, as to any prior ar subsequent default hereunder, nor shall any Pumoned oral modification or rescission of this purchase order by flee Purchaser operate as a waiver of any of the It. Inspection. GOODS art subject to the City of F'on Collins inspection on arrival. hereof. Final Acceptance. Receipt of the me¢handise, services or equipment in resp rowe to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. a itimm d payment oa the pan of the City of FortCollins. However, it is to M understood that FINAL Seller and the Purchaser recognize that in actual momornic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofull applicable required inspection procedures. violations arc in Ear home by the Purchaser. Tractofore, for pod cause and m consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tams. Shipments m.I be F.O.B., City of Fort Collins, 700 Wood St., Fun Collins, CO 80522, unless acquired under federal or stare antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order Ifpermission is given to prepay freight coal charge upammlY, the original freight pnrchued or azquiral by the Purchases pursuant to this puuhase order. hill a n, mmmvnv mvmm. Additional chances far oackine will mu be accepted. Shipment Lintance. Where manufactures have distributing points in various pans of the country, shipment Is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Protons. Seller shall procure at adlers sole cost all necconry permits, certificates and licenses required by all applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision where the work is performed, or reception! by any other duly mnaimted public authority havingjurisdetion over the work of vendor. Seller further agrees to hold the City of Fort Collins hannlas from and against all liability and loss incurred by them by reason of in asserted or entablishN violation army such laws, regulations, ordinances, tales and requirements. Authomation. All parties to this contract agree that the repers indiva are, in fact, bona fide and possess full and complete autbonty to bind mid parties. ].IMITATION OF TERMS. This Purchase Order expressly limits acceptance to the leans and conditions stated herein set fonh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different temrs and conditions proposal by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdiately if you cannot make complete shipment m move on your promised delivery date au acted. Time u ofthe essence. Delivery and performance, must be effected within the time starts oa the purchase order and the documents attachad harem. No aces of the Purchasers including, with an limitation, acceptance of partial late deliveries, shall opeae u a waiver of this provision. In the eval army delay, the Purchaser shall have, in addition to other legal and crumble remrdles, the option of placing this order elsewhere 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 are beyond its reasonable center ad without its fault of negllgcnce, such acts of Gad, acts orei,il or militarynuthooies, governmental priorities, fires, strikes, flood, epidemics, wvrs or riots provided that notice of the conditions causing such delay is given to the Ruminator within five (5) Jays of the time when the Sella first received knowledge thereof. In the event of any such delay, the dare of delivery shall be extended fir the penal equal to the time actually lost by moo an ofthe delay. 3. WARRANTY. The Seller winners, that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andror other descriptions given, will M fit for the purposes internal, and performed with the highest degree of core and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or mix, se which 'he Purchaser may, suReror incur on account of the Sellers breach of wmanry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one ( O year or within such longer period of time in may M prescribed by Law or by the moms of my applicable warranty provided by the Seller after the date of acAgmA- of the grads furnished hereunder (acceptance nor to be innumerably delayed), resulting from imperfect or defective work done or materials Famished by the Seller. Acceptance or Ilse of good by the Reeducate shall tat .alone lone a waiver ofany claim order, flea warranty. Except as otherwise provided in This Purchase order, the Sellers liability hereunder shall extend as all damages proximately caused by the breach of any of the foregoing narratiia or gmmadees, but such liability shall in as event include loss ofprofi, or loss of use. NO IMPLIED WARRANTY OR MERCHANTABI LIT Y OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. To, Purchaser may make any changes to the terms, other than legal leaves, including additions to or deletions from the quern origimully ordered in fie Nauticariom or dmwingc, by And al o change order. If any such change affects the amount due or the time of performance hereunder, an equitable Whindenced shall M made. 6. TERMINATIONS. The Purchaser may at any time by wren change order, terminate this agreement as to any or all pon airs of the goods then not shipped, subjecuo any equitable adjustment between the patties u no any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prefer on the uncompleted portion of the goods andim work, for incidental or consequential dernaga, and that no such adjustment be made in favor of the Sella with roped to any goad which are the Sellers mankind stork. No such termination shall mlice fie Purchaer or the Sella of any oftheir obligaim i u to any good delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most M asserted within thirty (30) days onto the date the change or lamination is oedmed. 8. COMPLIANCE: WITH LAW. The Sella waroms for all good sold hereunder shall have been produced, sold, delivered and famished in inner compliance with all applicable laws and regulations to which the goods are subject, The Seller shall execute and deliver such documents u may M required to effect or evidence complimue. All laws and regulations required to M incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agsces to indemnify and held the Pureht harrmless from all costs and damages suffered by she Purchaser say a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall resign, transfer, or convey this order, or any monies due or to become due hereunder without the pour uriam comer of the other party. 10. TITLE. The Seller wmrun, full, clew and unresWcmd title 1. the pumha er far ail equipment, materials, and it. fumishul in performance of this agreement five and clear of my it all liens, rrsaierios. reurvatia d. security inkrat eocambmaces end claims ofo users. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direcs the Seller to correct nonconforming ar defective good by is date 10 he agreed In by fe Purchaser and the Seller, and fie Seller thereafter indicates its inability Or unwillingness to comply. the Purchaser may cause the work to be Performed by the most expeditious mans available to it, and the Seller shall pay all costs associated with such work. The Seller shall marine the Purchaser and its contractors of any tier from all liability and claims of any nature resulting form the performance of such work. This release shall apply to in the event of fault of negligence of the party released and shall exend m the doctors, tors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not M domed to M reduced, in any way, because such work is performed or caused ro M performed by the Purchaser. 14. PATENTT S. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save hamiless the Purchaser form my and all claims par infringement by reason of the true of such patented design, device, material or process in connection with the contract, and shall indermify the Purchaser for any cost, expense or damage which it may M obliged to pay by reason of such inGngrmenl at any time during the prrnecution or after the completion of the work. In eau said equipment, or A, pan thereof or the intended use of the goods, is in such suit held m constitum infringement and the use of said equipment or pan ¢ enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using mid equipment or pans, replace the same with substantially equal but noninGnging equipment, or modify it so it becomes committinging. 15. INSOLVENCY. If the Seller shall become insolvent or innocent, make son assignment for the benefit of creditors, appoint a carciva or trustee for any of the Sellers property or business, this Omlm may forthwith M ani by the Porch r without liability. 16. GOVERNING LAW. The definitions of terror used or ale intmpremtum ofthe agreement and fie rights i fali panic hereunder shall M command under and governed by the laws ofthe Slate of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repre catative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Sellers own risk mtil the same is fully completed and accepted, eb shall, to case of coy accident, destruction or injury to the work mator malmiaB befare Sellers fna1 completion and acceptmen, complete the work at Sellels own experts, and to ale mlisffeturs of the Purchaser. When materials and ryuipment am famished by ofees for installation or erection by the Sella, fie Sella shall receive, coined, store and handle come i1 fie it, and became responsible therefor is ]hough such materials ou t equipment were being fumishal by fie Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide far the payment of workers compensation, including Occupational dencom be ief,, m ni employees employed an 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 M done. The Seller shall also cart, comprehensive general liability including. but not limited to, ..I and natomobile public liability i-..-. with boat, injury and deah limn, of err least S3n0,000 for any one person. $500,000 for my one accident and property damage limit Per accident of S4110,000. The Seller shall likewise require his ontmctoo, if any, to pmsnde for such compensation and insurance. Before may of me Sellers or his employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a anificate that such mnipensmion and insurance have been provided. Such curilicmes 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 compensation and insurance shall M maintained until after me attire work is completed and acceptak 19. PROTECflON AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assommesthe mtieresponsibility and liability for any and all damage, lots or injury of any kind or nature whatsamr an permu or property, caused by or resulting from the execution off, work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pum ery r and my or all of the Purchasers aRsrs, ,gem 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 acomm of any act, action, neglect, omission or default oa the pan of the Seller any of his contractors, or any of the Sellers or contractors onicera, agents or employees. In case any suit or other proeedings shall M brought operator the Purchaser, or its olEcaa, agents or employees m any time on account or by reason of any tat, mtiont neglect, omission or default of the Seller of any of his contracmrs or any of its or their oRcers, age. or employees ea aforesaid, the Seller hereby agrees to assume one defense thereof end to defend the same at the Sellers own expense, so pay arty, and all costs, charges, avoni fees and other expenses, any and all judgments that may M incurred by or obtained against the Plachua or any of its to their Officers. agents or employees in such suits or office proceedings, and in can judb cat at other lien be placed upon ar obtained against the property of the Purchaser, or said ryrties in or as a result of such was or other proceedings, fie Seller will a1 once cause the more to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precauliaes, famish and install all guard necessary for the pmatudian of accidents, comply with all laws and regulations with regard to safety burning. but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant lhmeb. Revised G7n014