HomeMy WebLinkAbout114432 VERIZON WIRELESS - PURCHASE ORDER - 9146676PURCHASE ORDER PO Number Page
City of PURCHASE
9146676 , of 2
'11�`t ( �I oltin '► Thisnumber must appear
�7 on all invoices, packing
sli s and labels.
Date: 1111412014
Vendor: 114432
VERIZON WIRELESS
748 WHALERS WAY BLDG E #100
FORT COLLINS CO 80525
Date: 11/14/2014
Ship To: POUDRE FIRE AUTHORITY - AD
102 REMINGTON
FORT COLLINS CO 80524
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Wireless 1 LOT LS 5,912.01
Inv.#9734313363 dated 11/18/14
2 Wireless OEM
Inv.#9734313363 dated 11/18/14
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
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. COMMERCIAL DETAILS.
Tax exemptions. By slntute the City of FortCollins is exempt fmm state and local taxes. Our Exemption Numbcr is
I L NON WAIVER.
98-04502, Federal Larise Tax Exemption CMifinte of Registry 84-6000587 is registered with the Collator of
Failure of the Pohusrr to insist upon suet performance cribs terns and conditions hereof, failure or delay W
Interest Revenue, Denver, Colorado (Ref. Colorado Revised Sutures 1973. Chapter 39-26, 114 (a),
exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance arm payment for goods hereunder or appmvui ofthe design, shall not release fie Seller of
Goads Rejected. GOODS REJECTED due to Rome to meet specifications, either when shipped or due to defects of
my of dae waronrirs m obligations of Nis purchase order and shall rat be deems a waiver of any right of the
damage in Immit, may be resumed to you for credit and are not to he replaced except upon receipt of written
Purchaser to insist upon short performance hart or my of its rights or mandies as to any such goods. regardless
instructions from the City ofFon Collin,
of when shipped, received or accepted, as to any poor or ruminant default hereunder, nor shall any postponed
am] modification or rescission of this purchase order by the Purchaser opemrn as a waiver of any of the reruns
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival,
hereof.
Final Acceptance. Receipt of $e merchandise, it. i r equipment m response to this order can manth in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
mrlhomead payment on the pars of the City of Fort Collins. However, it is to be undnstood that FINAL
Seller and to Purchaser rtcogniu that an actml anis practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all rip heable required inspection procedures.
violations are in fact home by the Purchases. Theretofsm,fm good wax and res consideration for exerting this
purchase order, the Sella hereby msigm to the purchaser any and all claims it may now have or haserfim
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., ran Collins, CO 80522, unless
acquired under federal or sure and., laws far such cannahmges relining Ica me Particular goods or services
otherwise specified on this order. if permission is given to par, freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill most accomnanv invoice. Additional charities for onekina will not be accented.
Shipment Distance. Where msnufacmrers have distributing points in various pans of the now , shipment is
expected from the nearest documents. point to desirstion, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
permits, Seller shall procure at sellers sole cart all necessary permits, cenifiwtes and licenses required by all
applicable laws, regulations, ordinances and rules i f the sum, municipality, temp ry or political subdivision where
the work is performed, or required by any tuber duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss
.cured by them by season ofm maenad or established violation of my such laws, regular ions, ordirences, rules
and immunities,
Authorimtion. All panic to this contract agree that the reprexnutivm are, in fact, bona fide and possess full and
...plate authority 9. bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits Acceptance to the term and conditions stared
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejoin.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT ifimad mely if you moral make complete shipment w arrive on your
promised delivery date as word Time is order instance. Delivery and performance most be aR ted within the time
stated on the purchase order and the documents attached hartro. No acts of the Purchasers including, without
limitation, acceptance ofpmlal late deliveries, shall operate as a waiver of Nis provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and egtimble naturalist, the option of placing this order elsewhere
and holding the Sella liable for damages. However, the Seller shall oar be liable for damages as a remit of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such ins ofGad, arts ofeivil or military authorities, Environment priooties, fins, strikes, Rood, epidemics, wars or
riots provided Naar notice of the corditiom causing such delay is given w the Purcbaer within five (5) days of the
time who the Seller first recnved knowledge thereof. In thr event of any such delay, the dune of delivery andl be
extended for the period equal an the time "really lost by earn of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, a wifcalioti, samples and/or other descriptions given, will be fit for the purposes intended, and
perforated with the highest degree of care and competence in accordance with incepted standard for work of a
similar nature. The Seller agrees to had the purchaser hamal. from my lass, damvge or .,.a which the
Purchamr may suffer or bear on "runs of the Sellers breach of ennui The Seller shall replace, repair of make
good, without not to the purchaser, any defects m fouls arising within ova (1) year or within such longer period of
time as may be prewobed by law or by the lamas army applicable warranty provided by the Seller after the elm of
incriminate of the goods famished hereunder (acceptance not be unncamoably delay.), «solting firm import t
or delacrive 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 my of the foregoing warramin
or guaramm, but such liability shall in no event include loss of profits or lass of tax. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The purchaser may make changes to legal eons by w'd.en change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchasermay make any changes to the terms, order thin legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal err written change .,it,, If any such
change oRecs the amount due or the time pi aformsae MrtuMa, tin equitable adjustment shall be made.
6. TERMUNATION&
The Purchaser may at any lime by written change order, terminate this agmemcnt as to any or all po rie s of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods an&., work, for incidental or consequential damages, and that no soh adjustment be made in
favor of the Seller with respecuo any goad which are Ne Sellers sc award stork. No such Termination shall relieve
tha Purchaser or the Seller army of Ncir obligations m to any goods delivered hercurier.
T. CLAIMS FOR ADJUSTMENT.
Any claim for njustmnh most be assured within thirty (30) days from the date the change or temtiwtim is
ordered.
8. COMPLIANCE WITH LAW.
The Seller ..in that all good wild hereunder shall have been produced, sold, delivered and frmishn in suet
compliance wit all applicable laws and regulations to which me goods are cabjat. The Seller shall execute and
deliver an documems as may be required to effect or evidene compliance. All laws and regulars required 1. be
incorporated in agremeats of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Pruchssa broad. from all cos and damages coffer by the Purchaser as a resell of the
Sellers failure to comply wit such law.
9. ASSIGNMENT.
Neither parry shall osip, transfer, or convey this order, or my monies due or to became due hereunder without the
prior written control oftha other party.
10. TITLE.
The Seller .1. full, clear and annsueted fife to Ne Purchaser for ell equipment, mmminds, and it. f mashed
in carfirmassam of this agreement, f end clear of any and all lies, remiinism, raarstiom, .61, unman
areardeances and claims ofothers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Nonuser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by me
purchaser and the Seller, and the Seiler thereafter iMicaws its inability or unwillingness m comply, the Perchawr
may wax the work m be performed by the most expeditious means available to it, and me Seller shall pay all
rusts sssriated with such work.
The Seller shall release the purchase and its comraaors of any tier, form all liability and claims of my metre
resulting from the performance ofsuch 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 ofsuch parry.
The Sellers contractual obligations, including warranty, shall not be deemed to de reduced, in my way, because
such work is performed or mused w be pniormed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, maredal or pares covered by Imev patent, trademark
r copyright, the Seller shall indemnify and save harmless the Foochow from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the venwct, and
shall indemnify the ptvchmer for any cost, expense or damage which it may be obliged Ica pay by rtawa of such
infi ngemrat at my time during the prosecution or arm the completion of the work. In cans, said equipment. car
any part thereof or tbe imandN taw of the goods, is in such suit held to conoiram infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either prone far the
Purchaser the right to continue using said tyuipment or pans, replace the same with substantially equal but
noninfneging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or baokmpt, make an assignment fm the benefit of creditors, appoint a
raceivar or trustee for any of the Sellers property m business, this order may foM® with be reeled by the
,carbonic, without liability.
16. GOVERNING LAW.
The definitions of lem6 used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
oustrued under and governed by the laws of the Slate of Colorado, USA.
The following Additional Candidates apply only in caws where the Seller is to paferm work hereunder,
including the services of Sellers Repramostive(s), an the premisr archers-
❑. SELLERS RESPONSIBILITY.
The Solar shall carry on said work as Sellers own risk ,it the same is fully complain and "opted, and sbar,
in caw of any accident, destruction or injury w the work and/or materials Incline Sellers final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Pumhuser. When materials
and equipment are fiunished by others for installation or erection by the Seller, the Sella shall receive, unload,
some and handle more at the site and become responsible Nertfon as though such materials earlier equipment
were being famished by the Sailer under Ne order.
18. WSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including occup tiowl
disense benefits, to its employees employed on or in connection with the work covered by this purchase order,
rather to their dependents in accordance with the laws of the sure in which the work is to be done. The Seller
shall also carry comprehensive general liability including• but not brain to, commensal and automobile public
liability insurance with bodily injury and death Timis of at Insist S300,000 for my one person S500,000 for my
me accident and property damage limit par accident of S400,000. The Seller shall likewise requirt his
conraw oo. Hany, to records for such compemmion oral imurmce. Before my of the Sellers or his contractors
employes shall n any work upon the premises of orders, the Seller shall formal, the Purchaser with a wnifiwte
that such compntsation and insurance have been provided. Such aw iftcares shall specify the date when such
comparisons and insurance have been provided. Such eenifiwtes shun specify the date whan such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be, maintained until after the
entire work is completed and incepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for my an all damage, loss or injury of my kind
or wture whatsoever to person or property caused by or resulting fmm the exertion ofthe work provided for in
this purchase under or in comeaion herewith. The Seller will indemnify and held harmless the Purchaser and my
r all of the Purchasers officers, agents and employes fmm and against my and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which me Purchaser may
be put or subject by reason of any rat, action, neglect, omission or default on the pan of the Seller, my of his
contractor, or any of the Sellers or contractors officers, agents or employes. In caw any suit or other
proredirip shall be brought against the Purchases, of its officers, agents or employes at any time on "count or
by reason of any act, action, negft, omission or default of the Seller of my of his minimum, m my of its or
then oMr., agents or employees o aforesaid, the Seller hereby agrees to assume the defeoe thereof and to
defend the some at the Sellers own expense, to Pay my and all costs, charges, anew eys fees and other expanses
any and all judgments that may ha incurred by or obtained a,. the Purchaser or any of its of Chair oMr.,
agents or employes in such suits or other proceedings, and in case judgment or other Tin be placed upon or
obtained against the property of the Purchaser, or said ponies in or m a result ofsuch suits or other proceedings,
the Seller will at once cans, the same to be dissolved and discharge by giving bond or otherwise. The Seller and
his contractors shall take all safety precaution, famish and install all guard necessary for the prevention of
accidents, comply with all leas and regulations wit regard to safety ieludin& but without limiation, the
Occupational Safety mad Health Aar of 1970 an all cola avd regmatioo issued pursuant thereto.
Revised 01R014