Loading...
HomeMy WebLinkAbout114432 VERIZON WIRELESS - PURCHASE ORDER - 3215049Fort Collins Date: 01/05/2015 PURCHASE ORDER PO Number Page 3215049 1012 This number must appear on all invoices, packing sli s and labels. Vendor: 114432 Ship To: PARK MAINTENANCE VERIZON WIRELESS CITY OF FORT COLLINS 748 WHALERS WAY BLDG E #100 413 S BRYAN FORT COLLINS CO 80525 FORT COLLINS CO 80521 Delivery Date: 01/05/2015 Buyer: ED BONNETTE Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity Ordered UOM Unit Price Extended Price 2015 Annual Blanket Order 1 LOT LS 20,000.00 Cell Phone Services PER STATE OF COLORADO/WSCA PRICING AGREEMENT 72551YYY05M/WSCA WITH VERIZON. 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.mm 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. COMMERCIALDETAIIS. Tax compares. Bystander the City of Fart Collins is exempt from state am loco taxes. Our ExemptionNumber is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cmificate of Registry 84-6000587 is a givetW with the Collame of Fvlurt of the Purchaser w insist upon strict perfortwtce ofthe terrm sad conditions hermf, failure or delay m Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stainless 1973, Chapter 39-26,114 (a), exemse my rights or remedies provided herein or by law, failure m promptly notify the Seller in the event of a breach, the acceptance afro payment for goods hereunder or approval ofthe design, shall rat ml. the Seller of Good Rejected. GOODS REJECTED due to failure to men specification, either when shipped or due to defers of my of the watrmties or obligations of this purchase order and shall not be domed a waiver of my right of the damage in cannot, may be renamed to you for credit and are not to be replaced except upon receipt of writ purchaser to imist upon strict performance hems( or any writs rights or remedies as to my such goods, regardless instructions from the City airport Collins. of when shipped, received or accepted, as to any prior or subsequent default hertwdef, nor shall my purported oral modification or remission of this purchase order by the Purchaser operate as a waiver of any ofthe terms Inspection. GOODS arc subject m the City affair Collin impaction on amval. hereof. Final Aompmnce. Receipt of the merchandise, semen m equipment in response to this oMer can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized mymenl oa the pm of the City of Fort Catlin. However, it is to be understand that FINAL Seller and the Purchaser recognize that in inmol as, ....is practice, overcharges malting from .,a., .ru, ACCEPTANCE is dependent upon completionof dl applicable rquired inspection procedures. violation rum in fail bornpurchaser.e by the uchaser. Theretofore, far good cause and as conidermioa for ,a mting this Function, order, the Seller hereby moiges to the Purchaser my arll all claims it may now eve or harmer Freight Terms. Shipments rant be F.O.B., City of Fort Collins, 200 Wood St, Tom Callim, CO 80522, unless acquired under federal or state mtitruac laws for such overcharges relating to the particular good or services otherwise specified m this codes. If pesecission is given or Prepay feight ad charge importunely. the ongiml freight purchased or acquired by the Parbeser pursuant to this pmchau ordw bill must..as invoice. Additional chances fro oackine will not be, anttotd. Shipment Distance, Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution palm to datimtion, and excess freight will he deduced from Invoice what shipments are made from grade, diwence. rumors. Seller shall procure at sellers sole cost all namor, permits, certificates and licenes required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or Political subdivision where the work is performed, or required by my other duly constituted public anthority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fact Collins harmless from and against all holiday and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, on imnces, roles acid requirements. Authorization. All panic to this contract agree that the representatives are, in fact, was fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purthue Order expressly limits aicepana to the toms and condition sated herein set foM and any supplementary, or additional terms and condition annexed bereto or imaryomted herein by reference. Any additional or different kma all combiners proposed by seller art objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you carrot make complete shipment to amve oa your promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within fe time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event crony delay, the Purchner shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for dra ages as a result of delays due to causes not reamably foreseeable which ate beyond its reassemble contend am without its fault of negligence, such acts of God, acts ofcivil or military authorities, govermnental priorities, Gres, stakes, Bond, epidemics, wars or fiats provided Oat aware of tbe conditions caning such delay is given to the Purchner within five (5) days of the time when the Scllei first received knowledge thereof In the event Of my such delay, the dare of delivery star be extended for the period equal to the rime actually thst by reawn of the delay. 3. WARRANTY. The Sella warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specification, samples anNor other description 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 imilar .mare. The Seller agrees to held the purchaser another, fora any loss, damage or experae which fc Purchaser may suffer or incur on account of the Sellers breach ofwarsenty. The Sella shall replace, repair or make good, without cost to the purchaser, any deeds or lands nosing within me (1) year or within such longer 'anon of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the good fmished hers nda (acceptance not to he unreasonably delayed), resulting from imperfmt or defective work done a materials fmished by the Seller. Acceptance or tee of goad by the Purchaser shall not contribute a waiver of any claim order this warranty. Except n otherwise provided in this purchase order, the Sellers liability bereunder shall extend to all damages proximately auud by the breach of my of the foregoing sometimes w go mums, but such liability shot in m event include lass of profirs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY` OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchner may make charges to legal terms by written change order. 5. CHANGES IN C0M]MERCW. TERMS. The Purchner may make my changes to the terms, other than legal terms, including addition to or deletion from the quantities originally ordered in the specifications or drawings, by verbal or women change order. If my such change atTccts the.mount due w the time of performance hereunder, an equitable adjustment mall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any err all poniota of the goons then not shipped, subject to my equitable adornment between the parties n to my work or materials then in prograx Pravidm that the Pumhasee shall not be liable far my claims for anticipated profits on flue uncompleted portion of the goad and/or work, for incidental or cammuentisl damage, oral tat n, such mjntntmt be mane in favor of da, Sella with respat as any goad which are the Sellers standard stock. No such turmiretion shill relieve the Purchner or Ore Sella ofmy organ, obligations an to my goods delivered bertunda. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be co med within thing (30) days from the date the change or composition is ordered. S. COMPLIANCE WITH LAW. The Sella warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulatian to which the goods art subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulation required or be ornamented in agreements of this character art hereby incoryomted herein by this reference. The Seller agrees to indemnify and hold the purchaser harmleas from all costs and demages suffered by the Purchner as a mull of the Sellers failure so comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tranfer, or convey this order, or my names, due or in become due heremda without the prior warm coment ofthe other parry. 10. TITLE. The Sella wromnts full, clear and remanded title to the Purchaser for all equipment, smtmak, and items furnished in perfocmaine of this st ruemenh f and clew of my and all lien, msnaioes, reservations, smuity interest encumbrances and claims ofodows. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchase( directs the Seller to correct mnconforming or defective good by a date m be agreed upon by she Purchaser and the Sella, and the Seller thereafter indiares its inability or unwillingness to comply, the Pumhaaer may muse the work to be performed by the most expedition means available as its and the Seller shall pay all casts associated with such work. The Seller shall release the Purchaser and its mmracars of any tier from all liability and claims of any nature malting from the performance ofsuch work. This release shall apply even in the went of fault of negligence of the parry relcned and shall extend to the directors, officers and employees ofsuch pony. The SelkeS contracted obligation, including watrmry, shall rat be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required 10 use any design, deice, mamrid or process covered by letter, patent, vademark or copyright. the Sella shall indersomy and rive hmmless the Purchaner farm my and all claims for infringensem by mean of the use of such patented design, device, material or process in comedian with the contmet and shall indemnify the Purchaser for my cost, expease or damage which it may be obliged m pay by reamn ofsuch infringement at any time during the prostration or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held m constitute iafr'ngemem and the use of said equipment or part is enjoined, the Seller shall, at its awn expense and at its option, either procure for the purchaser the right to continue ring said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If due Sella shall base. intolvent or tuakmpl, make an assignment far Ore benefil Of aarters, mpant e receiver or trance for my Of she Sellers property or bninecs, this order may foMwith be canceled by the Purcbaur without liability. 16, GOVERNING LAW. The definition of temp used or the interpretation of the agreement am the rights oral] panic haemder shall be mntrued under and governed by the laws argue State crColomdo, USA. The following Additional Condition apply only in taus where the Sella is to perform work hereunder, including the services of Sellers Repmer ative(s), on the premises ofofas. 17. SELLERS RESPONSIBILITY. The Seller shall may on said work at Sellds awn ask until the same is fully eompleted and accepted, and shall, in case of any accident, destruction or injury to the work music materials be[ore Sellers final completion snd acceptance, complete the work at Sellers own expeme and to the satisfaction of the Purchaser. When materialk and cquipmem sm f ished by others for intallati0n or erection by the Sella, the Seller shall receive, unload, store and Image more at the site and become eupoexible therefor in though such rnmerial, mNor, equipment were being permitted by the Seller polar the order. 18. INSURANCE. The Seller shill, at his nun expanse, provide for the payment of workers compensation, including occupoioml disease bencria. to its employees employed on or in connection with the wank covered by this purchase order, mNor to their dependants in incordnce with the lava of go sate in which the work is to be done. The Sella shall also tarty wmpmansive general liability including, but not limited to, comearmal and automobile public liability insurance with bmily injury and death limits of at lent S300,000 for my one Person. $500,000 for any one incident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall finish the Purchaser with a certificate that such compensation and assurance have been provided. Such certificates shall specify the date when such ornamentation and insurance eve bees provided. Such certificates shall specify the date when such compenation and insurance expires. The Sella egrets that such compensation ard announce shall W maintained until after are entire woh is completed am occupies 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby arsommor the more responsibility, and liability for my and ell damage, loss or injury army kind or nature whatmw'er to person or Impact, cured by or resulting from the execution of the work provided for in this purcbane order or in commute herewith. The Sella will indemnify and hold harmless the Purchaser and my or all or the Purchnm officers, agents and employees from and againt my and all clams, lasses, damages, charges or expenses, whether direct or indirect, and whether la persons in property to which the Purchaser may be at w subject by reason of any rat, ration, neglect, omission or default on the pan of be Seller, any of his ontradon, or any of the Sellers or contractors oficrn, agents or employees. In caw any suit or other proceedings shall be brought against the Purchner, or its allicen, agents or employees at any time on account or by reason of any act, action, neglect omission w default of the Seller of any of his contractors or any of its or than Roars, agents w employees n aforesaid, the Seller hereby ,as to assume the defame Nermf and m defend the same an Ore Sellers own expene, to pay my am ell casts, cbacm, atmmryt fees and other expenses, my and all jmgmenu that may be incmnd by or obtained against the purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in cone judgment or other liar be placed upon in obtained against the property, ofthe Pumlwer, or said parties in or as v melt of such suits or ocher proceedings, the Seller will in once ause the more to he dissolved and discharged by giving boon or otherwise. The Seller and his contractors shall take all safety prcmtions, famish and install all guard rommry, for tbe provender of accidents, comply was ell laws and mgulmi0n with regard m safety including, but without limiutior, the Occupational Safety and Health Ad of 1920 and all rates and regulation issued porsumt thereto. Revised 07n014