HomeMy WebLinkAbout114432 VERIZON WIRELESS - PURCHASE ORDER - 9141238 (2)City of
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Collins1
PURCHASE ORDER PO Number Page
PURCHASE9141238 1 of z
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Date: 08/08/2014
Vendor: 114432
Ship To: COMMUNITY DEV & NEIGHBORH
VERIZON WIRELESS
CITY OF FORT COLLINS
748 WHALERS WAY BLDG E
#100 281 N COLLEGE AVE
FORT COLLINS CO 80525
FORT COLLINS CO 80521
Delivery Date: 02/24/2014 Buyer: DAVID CAREY
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 UOM Unit Price Extended
Ordered Price
4 Cell Phone Charges -Estimated
Restorative Justice
1 LOT EA 500.00
ADDED PER PHONE CONVERSATION WITH G. SCHIAGER 8/8114. -ECB
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
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terrns and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is
I L NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of He Purchaser to insist upon strict Performance of the terms and conditions hereof, failure or delay to
late.[ Revenue, Denver, Colorado (Ref. Colorado Revised Senates 1973, Chapter 39-26,114 (a).
exercise my rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
branch the acceptance of or payment far grads hereunder or approval of the design, shall col release the Seller of
Goods RejectN. GOODS REJECTED due to failure an meet s,acificalow, either when shipped or due to defers of
any of the warranties or obligation, of this purchase order and shall not be deemed a waiver of any right of the
damage in m it may be returned to you for credit and are not to be replaced except upon receipt of wrinrn
purchaser, to insist upon strict performance hereofar any of in rights or remedies m to any such goods, regardless
instructions from the City of Fart Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any programed
and modification or rescission of this purchase order by the Purchaser operate as a waiver of my of rise Names
Inspection. GOODS are subject o the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, smica or equipment in mporam to this order an result in
U. ASSIGNMENT OF ANTITRUST CLAIMS.
authonced payment on the pan of the City of Pan Collins. However, it is to he uedersmod that FINAL
Seller and the Purchaser recognize that in actual ascommunic practice, overcbarges resulting from antitrust
ACCEPTANCE is depetden upon completion of all applicable requid impaction procedures.
ase
violations we in fact Nome by the Parchr. Theretofore, far goad cause and as mwideraion for a -audit, this
purchase oMer, the Seller hereby agigw W the Porringer any and all claims it may taw have ar Imeafte,
Freight Terms. Shipments must he F.O.B., City of Fon Collins, VW Wood St, Fan Collins, CO 80522, unless
acquired under federal or state amivust laws for such overcharges minting to the particular goods or services
otherwise specified on this under. If permission 4 given to prepay freight and charge sepoaely. the original freight
purchased or acquired by the Purchaer pursuant to this purchase order.
bill muse accompany invoice. Additional ahmgo for packing will and be xecepmd
13. PURCHASERS PERFORMANCE OP SELLERS OBLIGATIONS.
Shipment Democrat Where manufacumas have distributing points in various was of the caumry, shipment is
Ifine Purchaser directs the Seller to correct nonconfoming or defective goods by adare or be agreed upon by the
expected tram the merest distribution point to destination, sal excess bright will he dNucnd fear. Invoice when
Purchaser and the Seller, and the Seller theri in Xmas its inability or unwillingness no comply, the Purchaser
shipments am made fmm gammer distance.
may cause the walk to be performed by the most expcs itioos meant available m it, and the Seller shall pay al l
costs associated with such work.
Peso s. Seller shall Incomes at sallers sole cost all necessary permits, certificates and brews required by all
appliable laws, regulations, ordinances end rules of the seam, municipality, mrhory or political subdivision where
the work is performed, or rryuirtd by try other duly cautioned public authority havingyrnac fiction over me work
of vend.,. Seller Lumber agrees to hold the City of ran Collim hamtless from and against all liability and loss
incurred by thorn by mown craft asserted or established violation of any such laws, regulations, ordinances, mles
and requlremens.
Authorization. All parties to this contract agree that the representatives are, in fact, bow fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions staled
herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by
reference. Any additional or if Bcrrnnennsand conditions proposed by seller are objected to and hereby jetted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGEN Iimmediately 'rye. cannot make complete shipment ro active on your
promised delivery dam as acted. Timm is of the essence. Delivery and parCormme must be effected within the time
stated on the pnrchau order and the docnnm n, mtnebed heron. No tests of the Purchasers indudng, without
limitation, acceptance of partial Imo deliveries, shall arcane as it wanner of i1c,, provision. In the event of any delay,
the Purchaser shall have, to addition to Other Icgal and quitahle remedies, the option ofplacing this order elsewhere
and holding the Seller liable for dantnga. However, the Seller shall not be liable fa carriers as a result of delays
due to causes not reasonably foreseeable which are beyond its musam ble control and without its fault of negligence,
such acts of Gad, acts of civil or military authorities, governmental priorities, fires, spikes, 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 went of any such delay, the date of delivery shall be
extended far the period egwl to the time actual ly lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, mides, materials and work covered by this order will conform with applicable
drawings, illuminations, samples wear other descriptios, given, will he fit for the purposes immndat and
performed with the highest degree of care add competence in accordance with accepted standards for work of a
imilar nature. The Seller agrees a hold the purchaser hornless from any lass, damage or expense which the
Puchaser may suf or or incur on account of the Sellers breach criminality. The Seller shall regime, repit or make
good, without cot to the pumhaun any defects or faults arising within one (1) year or within such longer period of
time as may b, prescnbad by law or by the rams of any applicable wamnry provided by the Seller arm the date of
acceptance of the goods banished hereunder (acceptance not to be umeaunably delayed), moulting from imprfar
or defective work done m materials famished by the Seller. Acceptance or use of good by the Purchaer shall not
rowtimm a waiver of my claim under Phis warranty. Except m otherwise provided in this pmchasc at the Sellers
liability hereunder shall extend to all damages pmxima¢ly caused by the breach of may of the foregoing wamnria
or guarantees, bur such liability shall in no event include Inas of profs or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE. SHALL APPLY.
4. CHANGES W LEGAL TERMS.
The Purchaser may make changes to legal occos by women change oMer.
5. CHANGES IN COMMERCIAL TERMS.
The Pmchaser may make any changes m the toms, other than legal terms, including additions to or deletion, fmm
the quantities originally ordered in the specifications or drawings, by verbd o omen change order. If any such
change aRecs the amount due ar the time of performance hacunder, m equitable adjutmew shall he made.
6. TERMINATIONS.
The Purchaser may at any time by written change oMer, terminate this agreement as a coy or all portions of the
goods then not shipped, subject to any equitable adjustment between the Fwies we to my work or maNanals men to
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the good anger work, for incidental or consequential damages, and that no such adjustment N, made in
favor of the Seller with respect to any goods which art the Sellers standard stock. No such nomination shall relieve
the Purchaser or the Seller ofany of tali, obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assafed within thirty (30) days from the date the change or termination is
ordered.
S. COMPLIANCE WI III LAW.
The Seller warm d, that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents; as may be required ha effect or evidence compliance. All laws and regulations required to be
ncurporri in agreements of this chamcmr am hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser Lamle, from all costs and damages suffered by the Purchaser w a resrlt of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pray shall resign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior wrnen comma of the the, party.
10. TITLE.
The Seller warrants full, clear and unretracted title to the purehwcr for all equipment materials, and items famished
in performance of this agrei free and arm or any and all liens, ramctiores, reservations, security interest
encumbrances aM claims afmhers.
The Seller skill release the Purchaser and its contractors of any tier new all liability and claims of any mum
resulting from the performance crunch work.
This release skill apply even in the event of fault of negligence of the party allowed and skill extend to the
directors, officers and employees of such party.
The Seller's contractual obligations, including warr:mty, shall not be deemed W be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Wbeneu'er the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or cupyrlght the Seller shall indemnify and save hamdus the Purchaser from any and all claims for infringement
by reman of the use of such patented design, device, material or process in connection %rib the contract, and
shell indemnify the Pnw.haser For tiny cost, expense or damage which it may be obliged to pay by rearm of such
infringement at any time during the prosecution ar tiller the eons cuen of the work. In case said yuipmenq or
any pan thereof or elm immncal use of the goods, is in such snit Laid to commia¢ infringement and the use of
said equipment in pan is intrigue, rived, the Seller shall, at its own expects and at its option, either p. for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially egwl but
noninfringing equipment, or modify it so it becomes nminforging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpL make an assignment for the benefit of creditors, appoint a
receiver or trance for any of the Sellers property or business, this order may forthwith No canceled by the
Purchreer without liability.
to. GOVERNING LAW.
The definitions flarrom used.1 he interpretation wine agreement and the nghu of all patties hereunder shall be
amended under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work herewder,
including the services fSail. Reprcwtnativago. on the premises of others..
O. SELLERS RESPONSIBILITY.
The Seller shall may on said work at Sellers own risk until the same is fully completed and accepted, aed skill,
in case of any accident destruction or injury to the walk super materials before Sellers final completion and
acceptance, complete the work at Sellers awn expense and to the satisfaction of the Eurcbwer. What materials
and equipment am f fished by others for installation or erection by the Seller, the Seller shall receive, unload,
stare and handle some at the site and became responsible therefor as though such materials andror compared
were being famished by the Seller under the oMer.
19. INSURANCE.
The Seller shalt at his own expense, provide for the pyment of workers mmpcmtion, including accuptional
disease benefis, to its employees employed on or in connection with the work raved by this prchase major,
ream to their dependants in accordance with the lax, of the state in which the work is to be done. The Seller
shall alw any comprelmomwa general liability including. but not limited to, contracted and automobile public
liability insurance with bodily injury and death hmies of at least SID00.000 for any one person. S500.000 fin any
ere .,ideal and property damage limit per accident of 5400,000. The Seller shall likewise require his
contmcmrs, if any, W Provide for such compewation and insurance. Balance any of the Sellers or his contactors
employees shall do any work upon the premiss of others, the Seller shall famish the Purchaser with a cembente
Nat such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such ttnifirates shall specify the date when such compensation
and insurance expire. The Seller agrees that such contperron ion and insurance shall be, maintained until after the
entire work is completed and worried.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire rasWnsibility and liability for any and all damage, has or injury ofany kind
or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pardoner and any
r all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages,
charges or expenses, whether direct or indirect, and whether in persrnes or property to which the Purchaser may
be put or subject by reawn of any act, action, neglect, condition or default oa the pan of the Sellea any of his
contractor, or any of the Sellers or cortmemars officers, agents or employees. In case any suit or other
pmceedlngs shall be brought tigoiwt the Pumhaser, or its officers, agents or employees at any time on account Or
by reason of any act, action, neglect omission or defuull .1 he Seller of any of his contractors or any of its or
their officers, agents or employees as aforevid, the Seller hereby agrees to assume no defense thereof and to
defend the same at Sellers own expense, to pay any and all costs, charges, utmmey, fees and other expenses,
any and all judgment, that may be incurred by or obtained against the Purchaser or any of its or their dticeq
agents or employees in such suits or other interlinings, and in case judgment or other lien be placed upon or
obtainN against the property of the Purchaser, or said parties, in or as a result crunch suits or other proceedings,
the Seller will at once cause the same to be diesolvcl and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety proor ations, furnish and install all guards necessary for the prevention of
accidents, comply with all law, and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles cud regulations issued pursuant memo.
RevisN 0712014