HomeMy WebLinkAbout114432 VERIZON WIRELESS - PURCHASE ORDER - 9144444PURCHASE ORDER PO Number Page
City ofCollins 9144444 ,eft
' `t r V This number must appear
" 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 1 Buyer: WILSON, JILL
rW
Line Description I Quantity UOM Unit Price Extended
Ordered Price
Wireless Charges Apr -May 1 LOT LS 5,338.06
9725790843
2 Wireless Charges Apr-MayOEM 1 LOT LS 76.98
9725790843
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
Total $5,415.04
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
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of pod Collins is exempt from slate and local taxes. Our Exemption Number is
9S,4502. Federal Excise Tax Exemption Cafftcate of Registry B4 60ti is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1993. Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure 10 of aped fanatics, either whim shipped or doe to defects of
damage in honsi,, may be returned to you for credit and are not to be replaced except upon receipt of winner
instructions from Me City of Fort Collins.
Inspection. GOODS are subject to the City of Fair Collins inspection on credal.
Final Acceptance. Receipt of the merchandise, survicau or equipment in reepanse m this order can result in
authction payment on the pan of the City of Fort Collins. However, it is m be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Pod Collins, 7W Wood St., Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill mutt amompany ilwoice. Additional charges for packing will rot the, accepted.
Shipment Distance. Where manufmanda have distdbuting to. in commus parts of the country, shipment is
ca,wer l from the nearest distribution point to destination, and excess freight will be deducted from Indict, when
shipments are made from greater distance.
11. NON WAIVER.
Failure ofthe Purchaser f insist upon strict Performance ofthe terms and conditions hereof, failure or delay to
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
any of the wadarties or obligations of this purchase order and shall not be deemed a waiver of any right of the
pumhazer to insist upon strict performance hemofor any of its rights or comedies as to any such goods, irgmdless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any Imported
coal modification or rescission of this purchase order by the Purchased operate m a waiver of my of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser reactions, that in actual economic practice, ove charges moulting from standards are violationin fact home by the Purchases. Thommmm, for Rural cause and as consideration for executing this
purchase order, the Seller hereby assigns to do Purchased my am all claims it may now leave or hereafter
acquired under hidden or slide comment laws for such oduchmges relating to Ns, particular goods or services
purchased or acquired by fie Purchaser pursumt to this pm ruts, order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming ne defective goods by a date to be agreed upon by the
pmelarser and the Seller, aM the Sellers adder indicates its inability or unwillingness to comply. der Purchaser
may cause the work to be performed by the most expeditious mean available to it, and the Seller shall pay all
costs associated with such work.
Pamirs. Seller, shall procure i1 sellers sole cost all necessary permits, condition, and liverses required by all
applicable laws, regulation, ordinances and mils of the sum, municipality, territory or political subdivision where
Me work is performed, or required by any other duly constituted Public authority having junwhaim over fie work
of vma ar. Sella fnher agrees to field the City of Fort Collins hmmless from aad again, all liability and loss
aviation by them by ream. of an aszcmid or established violdhim. of my such laws, regulation, ordinances, roles
and requirements.
Aufodmtion. All ponies a this annual agree deal the rcpreun,atives core, in fact. bona fide and pesuss full and
complete authority to bird said parries.
LIMITATION OF TERMS. This Purchasse Order expreasly limits acceptance to the terms and condition stated
herein ss1 fired aM any supplementary or additional loon mad conditions annexed herero or Inds scrated herein by
reference. Any additional or different to. and conditions pmpostd by seller are objected m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery dam as noted. Time is of the esseme. Delivery and performance most be effected within the time
stated on the purchase order and the documents attached halm. No acts of the Purchasers including, without
limitation, acceptance of parial late deliveries, shall .,cite as a waiver of,l,iv provision. In the event of any delay,
,he Purchaser shill have, in addition to other legal and tyui,able remedies, 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 control and without its fault of negligence,
such acts of God, acts ofeivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
.ors 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 therm(. In fire even, of any such delay, the date of delivery shall be
extended for the period equal In the time actually last by round of the delay.
3. WARRANTY.
The Seller wammn that all gods, 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 Seller agrees to hand the purchaser harmless front any lass, damage or expense 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 raising within one (1) year or within such longer period of
time as may be prewdbed by law or by the forms of any applicable warranty provided by the Seller after the die of
acceptance of the goads furnished hereunder (acceptance not to be immeasurably 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 of any 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 warmana,
m guvamed, but such liability shall in no event include lass ofprofs or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES M LEGAL TERMS.
The Purchaser may make changes to legal tents by written change order
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal team, including additions to or deletions from
the quantities originally ordered in the spscifcatiam or drawings, by verbal m written change order. If my such
change afid. the amount due or the time of performmce hereunder, as equitable adj,asam ed shall he made.
6.TERMMATIONS.
The Purchaser may at my time by winters change order, terminue this agreement as to any or all portion of the
goad then not shipped, subject to any equitable motional between, Me panics as to any week m materials then in
progress provided ,hut the Purchaser shall not be liable for any claims for anticipated pelts on the uncompleted
portion of no goads mNor work, for incidental or come uemial damages, and chi. such adjustment be made or
favor of the Seller with respect to any goods which me the Sellers standard oak. No such lennicalum shall relieve
the Purchaser or fie Seller ofany of their obligation as to may goods delivered remainder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must the, andreal within thirty (30) ,days from the date the change or lamination is
ordered
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall bane been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the good sore subject. The Seller shall execute and
deliver such documents as may be required in dfR t or evidence compliance. All laws and regulations terminal to he
incorporated in agreements of this character are hereby incorporated herein by this refrence. The Seller agrees in
indarru fy coal hold the Purchaser hamtless from all costs and dmnaga suffered by fie Purchaser as a result of the
Sellers filers, to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due or to become due heeunden without he
Met wdnen consent ofthe other pray.
10. TITLE.
The Seller warmrs full, clear and unresfcmd title to the Purchaser for all equipment materials, and items famished
in performance of this agreement, free and clear of any and all lien, restrictions, madvalimR, security interest
encumbrances and claims of.da,
The Seller shall release the Purchaser and its contraaers of tiny tier from all liability am claims of any reatme
resulting form the pofan ns. of.ch wide.
This release shall apply ern in the event of fault of negligence of the pan, released and shall extend to the
direcmrs, officers and employees of such party.
The Sellers contractual obligations, including warranty, shall nor Is, deemed to be reduced, in any way, become
such work is performed or reused W be performW by fie Purchaser.
14. PATENTS.
Whenoid the Sella is requited to use any design, device, material or process coverts by lever, patent, trademark
or rogmdo, the Seller shall indemnify and save mothers the Puchaer firm any and all claims for iofngement
by reason of the use of such patented design, desire, material or process in connection with fie commit, and
shall indemnify the Purchaser for any cost expeme or damage which it may be obliged to pay by reason of such
infringement a, any time dung the pmseculion or and the compleion of the work. In case said equipment, or
any an thereof or the intended use of the gods, is is such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to commie in, said egopmsn, or pans, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become instiller, or darknu , make m assignment 1'o, the benefit of creditors, aplamid u
receiver or madve for any of the Sellers property or business, this order may forthwith be cmicled by the
Purchaver without liability.
16. GOVERNING LAW.
The defieftimrs of terms used or the interpretation of lbb agreemenl and the rights of all ponies hereunder shall be
construed under and governed by the laws ofthe State of Cofrado, USA.
The fallowing Additional Conditions apply only in cases where the Seller is to perfect work hereunder.
including the smices of Sellers Repre oath icas), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in au of any accident, destruction or injury to the work and/or materials before Settees final completion and
acceptance, complete the work a1 Seller's own expense and to fie satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or creation by the Seller, the Sella shall receive, unload,
store and handle same at the site and became responsible therefor m though such materials tanker equipment
were being fumshed by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workrs compensation, including occupational
disease benefics, m its employees employed an or in correction with the work covered by this machine order,
maker m their dependents in accordance with the laws of the sale in which the work is to be done. The Seller
shall also carry comprehensive general liability including. but not limited to, c.mmctual and automobile public
liability insurance with bodily injury and &sib limits of in leas, $300.000 for my one person, 5500,0nn for any
one accident and property damage limit per accident of M00,000. The Seller shall likewise require his
if any, to provide for such compemation and immmce. Before any of fie Sellers or his contractors
employees shall des my work upon Me, premises of others, the Seller shall Month the Purchaser with a candidate
Met such compensation and insurance have been provided. Such certificates shall specify fie date when such
compewtion and insurance have ban pmvldal. Such ceniftcam, shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after des,
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume the entire responsibility and liability for cony and all damage, loss or injury fany kind
or solute whouser orm persons or property careen by or resulting from Me execution of the weak provided for to
this pmcbau order sin connection herewith. The Seller will intolerantly and hold hamless fie Purchaser and my
or all of the Purchasers oRcm, agents and employees from mW aprin any and all claims, losses, damages.
chitties or expenses, whether direct m manned, and whether,, person in properry,o which the Purchaser may
be put or subject by reason of my =4 action, region, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers in contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Ptucbasn, or its officers, agents or employees at any time on account or
by reason of my act action, neglect, omission or default of the Seller of my of his contractors or my of its or
their officers, agents or employees as aforesaid. the Seller hereby agrees to assume Me defense ferof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys f sand other expenses,
my and all judgments ohm may be inured by or obtained against the Purchaser or any of its or their officers.
agents or employees in such suits or other Forebodings, and in case judgment or other lion he placed upon or
obtained aphout fie papan y of Ore Purchaser, or mid parties in or m a result of such suits or other proceedings,
Me Sella will at once cause fie same to be dissolved and discharged by giving bead or oferwiu. The Seller and
his contractors shall take all safety pramorears. Month and iastall all guards na,.,y for the prevention of
accidents, comply wit all laws and regulations with regard to mfety including, but without limitation, the
Occupational Safety and Health Act of 1920 and all mles and regulations issued personal Made.
Revised 09I2014