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HomeMy WebLinkAbout114432 VERIZON WIRELESS - PURCHASE ORDER - 9150038PO PURCHASE ORDER 915003er Page City of PURCHASE 50038 ' of z Flirt Collins( This number must appear ,��,/`I ` V " on all invoices, packing sli s and labels. Date: 01/06/2015 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: 01/06/2015 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Wireless Charges Inv. 9737737779 dated 1/18/15 2 Wireless Charges OEM Inv. 9737737779 dated 1/18/15 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 1 LOT LS 5,698.67 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. CONIMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state aM local taxes. Our Exemption Number s IL NONWAIVEft. 984)4502. Federal Excise Tax Exemption Catifcate of Registry 84-6000587 is registered with the Collector of Failure orthe purchaser to insist upon stria performance of the terms and rundowns bereof, fnhere or delay to Internal Revenue, Denver, Col.& (Ref. Colorado Revised Sutures 1973. Chapter 39-26. 114 (a). exercise any rights or rrmaio provided herein or by law, fedfie to promptly modify the Sella in the event of a breach, the acceptance ofor pay man for goods hersonder or apnmesi of the design, shun vat rele athe Sena of Goad Rejected. GOODS REJECTED due to failure w meet specifications, cifa when shipped or due to defects of troy of the warranties or obligations of this purchase otter and shall for be demand a waiver of any right of the damage in trans L may b , retupoa a you for credit and for of to be replaced tested upon receipt of women purchaser to im6; upon strict pafom hereof of my of ors rights or remedies as wavy such good, ri swiless insWctions fmm the City of Fort CoIlim. of wbm shipped, received or accepted, as to any prior or soloommo deffull hereunder, oar shall any purposed oral modification or rescission of this purchase coder by the Purchaser operate as a waiver of any of the mess Radiation. GOODS are subject o the City ofFort Collis inspection on arrival. bereof. Final Acceptance. Receipt of the reachmWise, services or equipment in response to this older an recall in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pas of the City of Fort Collins. However, it is 10 be understood rMt FINAL Seller and the Parcha¢r rteognire that in actual ec is practice,mo overcharges ulting floorantitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in far home by the Purchaser. Theraofore,forr good cause and as cosidena on for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have a ham0er, Freight Terms. Shipments most be F,O.B., City corporal Collins, 700 Woad SL, Fos Collins, CO 80522, unless acquired under failed or suite antitrust laws for such overcharges relating to the particular goods or scuical otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is I fthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the namn distribution .for to dotidanoa, and excess freight will be daward from Invoice when Purchases and the Sella, and the Seller thereaner indicants its inability or unwillingness to comply. the Purchaser shipments are made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all wars assnciata with such work. remains. Seler shall procure a sellers sole cost all necesmry permits, certificdes and licenses required by all applicable laws, regulations, ordinances add rules oche site, municipality, territory or political subdivision where the work is performed, or tropical by any other duly cautioned public amhority havingjurisi iction over the work of vendor. Seller further agrees in hold tM City of Fart Collis harmless fmm add against all liability and loss incurred by them by reason of an warned or established violation of any such laws, regulations, ordinances, rates and requirements. Anticipation. All panics to this contract agree that the rewampative, ate, in fact, bore fide and possess fall and complete authority to bind mid parties. LIMITATION OF TERMS. This Purchase Older expressly limits acceptance to the temp and conditions states herein sec fold and any implemmury re addtimal tam x cold cond iew annexed hartto or incorporated herein by reference. Any abhorred or diffiarand teams and conditions proposal by seller for, objected to and hereby rejaaa. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout tarsal make complete shipment o alive on your promised delivery 6 re as noted. Time is of the essence. Delivery and p rformanec most be effected within the rime stated on the purchase order and the documents attached hereto. No acts of the Purchasm including, without limitation, acceptance of partial late delivert shall operate as a waiver of this prevision. In the event ofany delay, the Purchase, 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 Sella 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 mu of God, acts ofeavil or military authorities, gavemmen cl 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 lost by nown of the delay. 3. WARRANTY. The Sella warrants that all goods, articles, natenals and work several by this order will camform with applicable dfawings, specification, maples enamor other descriptions given, will he fit for the purposes intended, and performed with the highest degree of are ed crnmes. a accordance with accepted standard for work of a similar nomrt. The Seller agrees to Mid the purchaser hadadess f any tau, damage a exps. which the P rchser may suffer or incur on account of the Sellers breach of warranty. The Sella shall replace, repair or make good, without and to tM purchaser, any defects or fed. wising within one (1) year or within such longer period of time se may be presmbed by law or by the tens ofany applicable wdlenty provided by the Sella afire the date of acceptance of the goads fupoisha berewder (acceptance not to be dimensionally delayed), resulting your imperial or defective work done or materials Banished by the Sella. Acceptance or use of goods by the Purchaser shall nor candidate a waiver ofany claim under this warreary. 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 wamanties or guaramces, but such liability shall in no event metric loss of pmfts or loss of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by women change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the corms, other than legal terms, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfomnance hereunder, an amicable adjustment shall be more, 6. TERMINATIONS. The Purchaser may at any time by written change older, terminate this agreement as to any or all p ri ore of the good then not shipped, subject to any equitable adjasammt between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for rnticipda profits on the uncompleted portion of the goal and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which arc the Sellers standard stack. No such tenidation shall relieve the P arebaser or the Sella of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast M sewed within thing (30) days fmm the dale the change or tantamount is centered, S. COMPLIANCE WITH LAW. The Seller wamnts Nat all goods sold hereunder shall have been produced. w1d, delivered and f forkha in strict compliance with all applicable laws end regulations to which the goods art subject. The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All Wws and regulations required to M incoporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser w a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall sssign, trumkr, or convey this order, or any monies due in m become due hereunder without the prior women consent of the other party. 10. TITLE, The Seller warrants full, clear and unicameral line to the Purchaser for all equipment, materials, and items famished in performance of this agreement. free and clear of any and all lies, restrictions, reservations, security interest encumbrances and claims of others. The Sella shall rector the Puchaer and its contractors of my tier firm all liability and claims of any nature resulting from the Performance ofsuch work. This release shall apply even in the event of fault of negligence of the party releued and shall extend to the directors, afters end employees ofsuch Party. The Sellers conturnmed obligations, including warranty, shall not be drama to be reduced, in any way, because such work is performed or caused W be pafommad by the Purchaser. 14. PATENTS. NTenever the Seller is romira ao use any design, device, powerful m process covered by Imam, paten4 wdepoark r copyright. the Seller shall indemnify and save hmmlecs the Purchsserf any and all claims for infngement by reason of the use of such patented design, device, mmerial or pmcm in coeection with the contrail, and shall indemnify the Putchaa for any cost, expense or damage which it may be obliged w Pay by reason of such infringement many time during the prosecution or after the completion of the work. In case said equipment. or may Wn hereof or the intended we of the gomka, cos in such suit held w CgRSdNte infringement and the we of said equipment or pas is enjoined, the Seller shall, m its own expense and at its option, either procure for the Pumbaser the right to continue using mid equipment or Parts, replace the same with substantially equal but multibillion aluipmmr, or modify it w it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or balloon, make an assignment for 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 Puchaer without liability. 16. GOVERNING LAW. The definitions of err user or the interpretation of the agreement and the rights craft parties hereunder shall be warmed under and governed by the laws of the Suite ofCadomm, USA. The following Additional Conditions apply only in cases where the Sella is w perform work hereunder. including the services of Sellers Represeuitivds), mathe premises ofothers. Il. SELLERS RESPONSIBILITY. The Sella shall any on and work al Sellers own risk .,it the some is filly completed eM accepted, and shall, in case of my mcileaL destruction or injury to she work mkor maenals before Sellers final completion arad acceptance, complete the work at Sellers own expense and m the sousfaaon of the Forehaer. When matcrials and ryuil mat are famished by others for installation or erection by the Sella, the Sella shall receive, entitled, store and handle mac m the site and become raWasible therefor s though such muchowis maker equipment were being fiunisha by for Sella under the enter. IS INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sate in which the work is to be dune. The Seller shall aiw carry comprehensive general liability including, but not limited to. contractual and automobile public liabiliry wounince with bodily injury and death limits of at least $RXpA00 for any one pension, 5500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, irony, 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 Sella shall fumsh the Purchaser with a certificate that such compensation and immana have been provided. Such certificates shall specify the are when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Sella agrees that such compensation and insurance shall M maintained until after the entire work is completed and oriented. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility add liability for any and all damage, I. or injury orally kind or made whauaever to pawns or property caused by or resulting from the execution of the work presided for in this purchase other or atomato..herewith. The Seller will indemnify add hold harmless the Purcla.sse, all any or all of the Purchsers officers, agents and employees fmm and against my and all claims, losses, damages, charges or expesn, whether direct a indirect, and whether to persons or property w which the Foreteller may M put or subject by rrawn of any rat, ration, neglect, omission re debut, oat the now of the Sella, any of his contractors, or my of the Sellers or contractors officers, agents or employees. In case any suit or other pmcie ings shall be brought against the Pmcbaser. or its oRcers, agents m employees at any lime on account or by craws of my act, action, neglect omission or default of she Sella of my of his contractors or any of its or their c frms, agents or employees as aforesaid, the Sella hereby agrees to aswme the defense thereof and to defend the same m the Sells own expense. W pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by in council against the Purchaser or any of its or their officers. agentsor employees in such suits or other proceedings, and in case judi mrnt or other lien be placed upon or obtained against the property orthe Purchase or said panics in or as a result of such saw or other pmreaings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall lake all safety precautions, famish and moral all guards caesmry, for the prevention of accidents, comply with all laws and regulations with mgaa W safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuantthereto. Revised 07n014