HomeMy WebLinkAbout114432 VERIZON WIRELESS - PURCHASE ORDER - 9145850PO
PURCHASE ORDER 914585er Page
C117/ of PURCHASE
9145850 t of z
' `t( OI tins This number must appear
V ` �7 on all invoices, packing
sli s and labels.
Date: 10/0912014
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: 10/09/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Wireless billing Aug 24-Sep 23 1 LOT LS 5,334.89
Inv #9732612650
2 Wireless OEM
Inv #9732612650
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
&
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of TOO Collins is inertial from state end local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cenificute of Registry 84-60W587 is registerd with the Collector of
formal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to race specifications, either when shipped or due to defects of
damage in transit, may be caromed a you for ered'd and are car to be replaced except upon receipt of wdnen
formed. from the City of Fon Collins.
Inspection. GOODS are subject to the City of Fan Collins inspection on scribal.
Final Areep once. Receipt of the merchandise, sec or rapyincnt in ¢obis-, to this order can recall is
authorised payment on the pan of the City of Too Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
Freight Terms. Shipments mayor be F.O.B., City of Fort Collins, 700 Weed St., Fan Collins, CO 80522. unless
oNerwix, specified on this order. If permission a given to prepay freight and charge separately, the original freight
bill most accompany inwiva Additional charges for packing will rot be accepted.
Shipment Distance. Whom manufacturers have disuibming points in various parts of the country, shipment is
capecled tram the nwrnt distribution point to destination, and excess freight will be dductd firm Invoice when
shipments are made fain greater Maurice.
Permits. Sella shall pacure to callers sole cast all necessary pe,miu, cenificams and licenses required by all
applicable laws, regulations, oNiwnces and roles argue sate, municipality, territory Or Political subdivision where
the work is performed, of required by any other duty ..,,.led public authority havingjurisdie ion over to work
of vendor. Seller fuller agree to hold the City of Fan Collins barmliss from and against all liability and loss
incurred by Mem by reason of on assured or established violation of any such laws, regulations, offianina, roles
and megrdnemenu.
Autorieation. All panic to this common agree that the reprcsenmtives arc, in fact, bona fide and Possess full and
complee authority to bind said parties.
LIMITATION OF TERMS, This Purchase Omer expressly limits acceptance to to lama and conddians Noted
herein son forth and any supplementary or additional fears and conditions annexed hereto or incomammd herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immrdiatdy if yen cannot make complem shipment to arrive an your
practised delivery date in noted. Time is of the essence. Delivery and performance mast be eRecred within the time
stated on the purchase order and the documents attached herem. No tau of the Purchvers including, without
limitation, acceptance of paarial late delnenes, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition m other legal and equitable remedies, the option of placing this omen elsewhere
and holding the Seller liable for damages. Hawmep he Sella shop not be liable for damages as a result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence,
such acts of God, acts of civil or military authorities, gobemmcntal 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 period equal to the time actually lust by rearm of the delay.
3. WARRANT Y.
The Seller worrmnts Nat all goods, articles, materials and work covered by this order will confomn with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the pumma intended, and
perfumed with the highest degree of cam and competence in accordance with accepted standards for work of to
similar rmme. The Seller agrees to hold he purchaser harmless from any lass, damage or expense which the
Purchaser may sutler 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 us maybe prescribed by law or by the terms of any applicable wananry 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 famished by the Seller. Acceptance or use of goods by the Purchaser shall not
ons,imte a waiver of any claim under this waraid, Except m 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, bar such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCI[ANT 'ABILITY OR OF FITNESS FOR PURPOSE SE ]ALL APPLY.
4. CHANGES IN LEGAL TERMS,
The Purchaser may make changes to legal temu by written change Omer.
5. CHANGES IN COMMERCIAL TERMS.
The Pumham may make any changes to the comes, other than )Caul scans, including additions to or deletions from
the quargulies originally ordered in the specifications or drawings, by seebal or written change offer. If any such
change offers the amount due or the time ofpaformence hereunder, on O itable adjustment shall be made.
6. TERMINATIONS.
The Prichrocr may at any time by women change order, terminate this agreement as to any or all portions of the
good then not shipped, mbject to any inimitable adjustment between the Partin as to any work or materials then in
progress provided that the Purchaser shall trot be liable for any claims for anticipated profis on the uncompla d
poarion of to goad and/or work, for incidental or consequential damages, anted that no such adjutment be made in
favor ofthe Seller with respect o any goods which are Ne Sellers standard stock. No such urmination shall reline
the Purhaer, Or the Seller ofany ordain obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or tarmiation is
odered
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold delivered and fumishd in strict
compliance with all applicable laws and regulations to which the good am subjeck The Seller shall execute and
deliver such docummu as may be rcouirtd to effect or evidence compliance. All laws and regulations required to be
mcomooed in itg ecments of this character arc hereby im'oryomted herein by this rrferenre. The Seller agrees to
irdemnify arm hold Ne Purchaser hmmless from all costa and damages suRered by the purchaser as areal, of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this or or any monies due or to become due hereunder without the
prior written Comm, aide, other party.
10. TITLE,
The Seller warmas full, clear and unrcnricted fire to the Purchase, for all aquipmen., contends, and forms fumishd
in performance of this agreement, free mid clear of any and all liens, minfictions, mservatiom, security interest
encumbrances end claims of esters.
11. NONWAIVER.
Failure of the purchaser to insist upon short performance of the at. and conditions hereof. failure or delay 10
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 ofthe design, shall not adenine the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
pmchazer to insist upon strict performance heeofor 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 Soreander, nor shall any purported
am[ modification or mscission of this purchase order by the Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize mar in actul ec is Portion,o erchragam resulting from aatitmit
violations sec hom in fact e by the Purchaser. Thennoforeeforr goad came and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may may, lave or hcrez0a
acquired under federal or state antitmst laws for such overcharges relating to Me particular good or services
purchased ar acquired by the Purchaser pursuant m this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifilm Purchaser directs to Seller to comma noncon6rming or defective goal by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its mobil, Or unwillingness to comply, the Purchaser
may emose the work to be, performed by the most expeditions menu available to it, and the Seller shall pay all
toss asmcimd with such work.
The Seller shall release to Purobassr and its -...a. of any, an from all liability end claims of any on
resulting from the performanee of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees of such binary.
The Sellers contractual Obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is perfosmd or caused to be performed by the Purchaser.
14. PATENTS.
NVbm. the Seller is required to use any design, device, material or process covered by letter, paten., trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such potential design, device, material or process in connection with the contract, and
shall indemnify .he Putchaer for any cos., expense or damage which it may be obliged to pay by mason of such
infringement w any time dining the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended me 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 own expense and at its option, either proctor far the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
mounfnnging equipment, or modify it so it becomes noninforging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmph make an assignment fur the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions arm— used w the dlerpremtion ufhe agreement and the rights of all parties hereunder shall be
command under and govemed by the laws ofthe State of Colorado,USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representative(s), on the premises archers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry, on said work at Sellers own risk until the some is fully completed and accepted, and shall,
in se of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaer. When matends
and equipment are Mankind] by others far installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at to site and become responsible therefor as though such materals and/or equipment
were being furnished by to Seller under the order.
18. INSURANCE.
The Seller shall, at his awn expense, provide for the payment of workers compensation, including incorporated
al
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
output to their dependents in accordance with the laws of the stare in which the work is to be done. The Seller
shall also arty compmbery ve general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least S3m d,000 for any one person. S50hCxg) for any
azddent and propmy damage limit Per accident of S400.0Oo. The Seller shall likewise require his
contracmm, if any, to provide for such compensation amf itoumnce. Before any of the Sellers or his cmnmaors
employees shill do any work upon to premises of others, to Seller shall fumish the Pumhmcr with a ceatficme
that such compensation and insurance have bran provided. Such comfort, shall specify the date when such
compensation and insurance have been Provided. Such cenifiates shall specify the date when such mmpension.
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained unlit after the
entire work is completed and acceptd.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire respobabdiry and liability for any and all damage, Ins, or injury of any kind
nature whatmAr, to persons in forlornly, arced by or resulting from the exrcunon OEM, work provided for in
this purchase color or in crmnmion herewith. The Seller will indemnify and Sold hmmlas the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, fosse,, damage,,
charges car expenses, whether direct or iv lmont, and whether to Prmsors or propany to which the Purchaser may
So put or subject by c mwn of any act, nation, neglect, omission at default on the pan of the Seller, any of his
romractors, or any of the Sellers or at... oMe,.. agents or employees. In case any suit or ester
pmccedings shall be brought against to pumbasm, or its olficars, agents or employees at any time on account to
by rtnson of any act, action, neglect, omission or default of the Seller of any of his contactors or my of its or
their officers, agent of employees as aforesaid the Seller hereby agree, to assume the defense thereof and to
defend the sane at the Sellers own expense, to pay any and all casts, changes, attorneys; fees and offer expenses,
any and ell judgmeno that may he incurred by or obtained against the Purchaser or any of its or their officers,
Agents or employees m such mits or offer proceedings, and in case judgment or other lien be placed upon or
obtained against Me property ofthe Purchaser, or said parties in or m a result of such suits or other proceedings,
Me Seller will at once comes, Me same to be dissolved and dlschmged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, fumish and instill all gams armeanary far Me prevention of
accident, comply with all laws and regulation with regard to safety including, but without limitation, to
Occupational Safety and Health An of 1900 and all roles and regulations issued pursuant thereto.
Revised 07n014