HomeMy WebLinkAbout326767 PACVAN INC - PURCHASE ORDER - 103484Date: 4/15/2009
City of
F6rt,Collins
Page Number: 1
Purchase Order Number: 103484
Delivery Date: 4/15/2009 Buyer: BONNETTE, ED
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note
Line Qty/Units Description Extended Price
1 Storage Container 3,300.00
2 Delivery 250.00
Total
$3,550.00
Hutnonzea zii9natpre City of Fort Collins
This order is HIQLValid over $5000 Accounting Department
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580
Phone: 970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Foil Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39- 26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Foil Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in authorized
payment on the pail of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Terns. Shipments must be F.O.B., City of Foil Collins, 700 Wood St., Foil Collins: CO 80522, unless
otherwise specified on this order. If permission is given to prepay height and charge separately, the or freight bill
must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts ofthe country, shipment is expected
From the nearest distribution point to destination, and excess (eight will be deducted from Invoice when shipments are
made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable
laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision where the work is
performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor.
Seller further agrees to hold the City of Fat Collins harmless from and against all liability and loss incurred by there by
reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements.
Authorization. All parties to this contract agree that the representatives are. in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terra and conditions stated 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 rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted Time is of the essence. Delivery and performance must be effected within the tinme
stated oar the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the
Purchaser 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 be liable for damages as a result of delays true to
causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts
of God acts of civil or military authorities, governmental priorities, fires, strikes. Flood, epidemics, wars or riots
provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthe time
when the Seller first received knowledge thereof. In the event ofanysuch delay, the date of'deliveryshall be extended
for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller win'ants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit fonflie purposes intended and performed
with the highest degree of care and competence in accordance with accepted standards for work of a similar nature.
The Seller agrees to hold the purchaser harmless from any loss, d:unage or expense which the Purchaser may suffer or
incur on account ofthe 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 oftime as maybe prescribed by
law or by the tens of any applicable warranty provided by the Seller after the date of acceptance of the goods
furnished hereunder (acceptance not to be unreasonably delayed), resulting fi'onm imperfect or defective work done or
materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any
claimm under this warranty. Except as otherwise provided in this purchase Oder. the Sellers liability hereunder shall
extents to all damages in caused by the breach of any of the for warranties or gum antees, but such
liability shall in no event include loss of profits or loss of use NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The I'm chaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions firm the
quantities originally ordered in the specifications or drawings, by verbal or written change order. I fair), such change
affects the amount due or the time of per hereunder, air equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at anytime by written change order, terminate this agreement as to :my m all portions ofthe 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 clainm for anticipated profits on the uncompleted portion ofthe
goods and/or work, for incidental or consequential damages, and that no such adjustment be node in favor ofthe Seller
with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or tile
Seller of any of their obligations as to any goods delivered hereunder.
7.'CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days fi-om the date the change or termination is ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver
m such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result ofthe
Sellers failure to comply with such law.
If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of
Article XX V I11 of the Colorado Constitution ("Article XX V I I I"), then the provisions of Section 15 of Article XX V I I I
are hereby incorporated into this [Agreement]. In such a case, if the [Contractor] or any other person who is a
"contract holder" as defined in Section 2(4.5) of Article XXV III intentionally violates Section 15 or Section 17(2) of
Article XXVIIL then the [Contractor] agrees it shall be ineligible to hold any sole source government contract, or
public employment with the state of Colorado or any of its political subdivisions, for three yeata.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent ofthe other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fbmished in
performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and clainhs of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof failure or delay to
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 release the Seller of any of the
wan;unies or obligations of this purchase order and shall not be deemed a waiver of any right ofthe purchaser to insist
upon strict performance hereof or 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 hereunder. not shall any purported oral modification or
rescission of this purchase order by the Purchaser operate as a waiver of any ofthe terms hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are
in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the
Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state
antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser
pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may
cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs
associated with such work.
The Seller shall release the Purchaser and its contractors of any tier fronm nll liability and claims of any nature resulting
fronh the per of such work.
This release shnll apply even in the event of fault of negligence ofthe party released and shall extend to the directors,
officers and employees of such party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such
work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or
copyright, the Seller shall indemnify and save harmless the Purchaser horn any and all claims for infringement byreason
of the use ofsuch patented design, device, material m process in connection with the contract, and shall indemnify the
Purchaser for any cost, expense or damage which it maybe obliged to pay by reason of such infringement at any time
during the prosecution or after the completion ofthe work. In case said equipment, or any pan thereof or the intended
use ofthe goods, is in such suit held to constitute infiingement and the use of said equipment or pail is enjoined, the
Seller shall. at its own expense and at its option, either procure for the Purchaser the right to continue using said
equipment or parts. replace the same with substantially equal but non-infi-inging equipment, or modify it so it becomes
non-inhinginr.
15. INSOLVENCY.
I f the Seller shall beconme insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver m
umstce fir :my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without
liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and the rights of all parties Irereundecshall be
construed 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 hereunder, including the
services of Sellers Representative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
"fire Seller shall canyon said work at Seller's own risk until the same is fully completed and accepted, and shall, incase
of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance,
complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipmment are
furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at
the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller
under the or der.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers conmpensation, 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 state in which the work is in be done. The Seller shall also carry
comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with
bodily injury and death limits of at least $300,000 for any one person, $500,000 for any one accident and property
damage limit per accident of $400,000. "'he Seller shall likewise require his contractors, if any. 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 fiunish the Purchaser with a certificate that such compensation and insurance have
been provided. Such certificates shall specify the date when such compensation and insurance have been provided.
Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such
compensation and insurance shall be nmintained mail after the entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or
nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this
purchase or or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of
the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or
expenses. whether director indirect, and whether to persons or property to which the Purchaser may be put or subject
by reason of any act, action, neglect, omission m default on the pan of the Seller, any of his contractors, or any ofthe
Sellers or contractors officers, agents or employees. In case any suitor other proceedings shall be brought against the
Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission
or default ofthe Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the
Seller heeby agrees to assunme the defense thereof and to defend the saute at the Sellers own expense, to pay any and
all costs, charges, attorneys fees and other expenses, any and all judgments that maybe incurred by or obtained against
the Pm"clMSer' or any of its or their officers, agents or employees in such suits or other proceedings, and in case
judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result
of such suits m other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond
or othewise. The Seller and his contractors shall take all safety precautions. famish and install all guards necessary for
the prevention of accidents, comply with all laws and regulations with regard to safety including, but without
limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 04/2009
SALES TAX EXEMPTION CERTIFICATE
MULTI - JURISDICTION
Issued to (Seller)
Address
PAC VAN
Name of Firm (Buyer)
City of Fort Collins
Street Address or Post Office Box Number
Certify
P.O. Box 580
That
City State Zip
Fort Collins Colorado 80522-0580
WHOLESALER RETAILER MANUFACTURER LESSOR Charitable or Religious
X POLITICAL SUBDIVISION OR GOVERNMENTAL AGENCY OTHER
QUALIFIES AS
and is registered with the below listed states and cities within which your firm would deliver purchases to us which are for resale or lease by us in the
(Check each
normal course of our business which is or that such purchases are exempt from payment of sales or use tax in
applicable item)
such states and cities because the buyer is:
CHARITABLE OR RELIGIOUS X POLITICAL SUBDIVISION OR GOVERNMENTAL AGENCY
OTHERWISE EXEMPT BY STATUTE (SPECIFY)
City or State
State Registration or ID Number
City or State
State Registration or ID Number
Colorado
98-04502-0000
City or State
State Registration or ID Number
City or State
State Registration or ID Number
City or State
State Registration or ID Number
City or State
State Registration or ID Number
1 further certify that if any property so purchased tax free is used or consumed by the firm as to make it subject to a Sales or Use Tax we will pay the tax due direct to the proper
faxing authority when state law so provides or inform the seller for added tax billing. This certificate shall be part of each order which we may hereafter give you, unless
otherwise specified, and shall be valid until cancelled by us in writing or revoked by the city or state.
General description of products to be purchased from the seller
Under penalties of perjury, I swear or affirm that the information on this form is true and correct as to every material matter
AuthoriwnnPartnr or Corporate Officer)
Title
Date
�
Administrative Clerk
9-Apr-09
L
10250 Brighton Rd. Henderson, CO 80640
303-227-1300- FAX 303-227-0800 www.pacvan.com
CREDIT APPLICA TION DA TA SHEET
Company Name: 6 r T y O/= . Fo0- "z,, i A,6
Address: /✓ . /y►WSO . /00 /&0 y— �✓ Pik
City: ROVW i�o 1.(4AO/S State: %4
Zip Code: 8052 2 — O 5 0
Federal ID #: Oct- 0 0 0 5 8%
C Corp:() LLC:U
Partnership:() Other:(_ )
Other Trade Name:
Phone:
Fax:
Type of Business:
Year Established:
If incorporated, which state:
D&B#
L BANKING INFORMATION
Name of Bank: F'i 2S 7 ��k L /a ti� Branch Address:
Phone: 0 ' Liel Fax:
Representative: A"AS I AW4✓ Account #:
Combined Checking and Sweep Account Average Daily Balance:
Year Opened:
II. OWNERS, PARTNERS, & OFFICERS (Identify Additional Officers on a Separate Sheet)
Officer #1 Officer #2 Officer #3
Name
Title
Home Address
City, State, Zip
Home Phone
Social Sec. #
Related or other business operations under similar ownership:
Name: Address:
III. SUPPLIER INFORMATION
Company Name Phone # Fax #
1.
2.
3.
Insurance Company Name Contact Phone Fax
The undersigned acknowledges that this Credit Application Data Sheet relates to a commercial account and that the
representations contained herein are material and intended to induce Pac-Van, Inc. to extend credit. The undersigned hereby
authorizes Pac-Van, Inc. DBA Pac-Van Leasing & Sales to communicate with any or all of the credit references listed above
as well as any other credit sources. The undersigned hereby waives any privacy of credit information rights or regulations.
Officer, Owner, or n `n
Partner Signature: Title: /,� yv`-
Type or Print Name: /V Date: q - f
�[4/10/2009) Ed Bonne tte -Fwd: Storage container info Page 1
From: Tricia Muraguri
To: Bonnette, Ed
Date: 4/9/2009 4:11 PM
Subject: Fwd: Storage container info
Attachments: Credit Application Master.doc; Ft. Collins Police.htm; Equipment Purchase A
greement 1204.pdf
Ed,
We are looking to purchase a storage container to place at the Pawnee Outdoor Range facility we use.
It's under 5K but they want us to sign a equipment purchase agreement. Is Sgt. Haywood authorized to fill
out the document?
Thanks,
Tricia
>>> Brian Weber <bweber@pacvan.com> 4/9/09 9:52 AM >>>
Sergeant,
Please fill-in as much as possible and send back to me
I will also need a copy of your tax exempt certificate
Delivery is currently set for next Thursday the 16th
Please call me if you need to change this date
Brian Weber
Pac Van Inc.
Denver Branch Manager
10250 Brighton Rd.
Henderson, CO 80640
303-227-1300
303-227-0800 fax
303-548-6681 cell
This message may contain confidential information and is intended only for the individual(s) named.
Please notify the sender immediately if you have received this e-mail by mistake and delete this e-mail
from your system. Any. unauthorized review, use, disclosure or distribution is prohibited. E-mail
transmission cannot be guaranteed to be secure or error -free, so the sender does not accept liability for
any errors or omissions in the contents of this message or its attachments. Any views expressed in this
message are those of the individual sender and may not necessarily reflect the views of the company.
(4/10/2009) Ed Bonnette - Re: Fwd: Storage container infoPage 1
From: Ed Bonnette
To: Muraguri, Tricia
CC: Ed Bonnette; Haywood, David
Date: 4/10/2009 9:35 AM
Subject: Re: Fwd: Storage container info
Good Morning Trish,
I talked to Brian Weber, here's what we'll do:
1) Enter a req in JDE to #326767 Pac-Van Inc. and get it approved. We will go with a PO vs a mini, so it
prints out a hard -copy PO I can send to Brian.
2) 1 will fax Brian the PO, credit app & tax-exempt form when the PO prints out. That ought to take care of
it. Then account info will be up-to-date should we need to order from him again.
3) In future, don't sign the vendor's paperwork, just send it to me so I can find out what's really needed.
Rule of thumb is, we want our terms, not theirs, where possible.
Thanks,
Ed
Ed Bonnette, C.P.M., CPPB
RMGPA 2009 Past President
Buyer
City of Fort Collins, Colorado
Purchasing Division
215 N. Mason, 2nd Floor
P.O. Box 580
Fort Collins, CO 80522
Phone 970-416-2247
Fax 970-221-6707
email ebonnette@fcgov.com
>>> Tricia Muraguri 4/9/2009 4:11 PM >>>
Ed,
We are looking to purchase a storage container to place at the Pawnee Outdoor Range facility we use.
It's under 5K but they want us to sign a equipment purchase agreement. Is Sgt. Haywood authorized to fill
out the document?
Thanks,
Tricia
>>> Brian Weber <bweber pacvan.com> 4/9/09 9:52 AM >>>
Sergeant,
Please fill-in as much as possible and send back to me
I will also need a copy of your tax exempt certificate
Delivery is currently set for next Thursday the 16th
Please call me if you need to change this date
Thanks
Brian Weber
(4%10/2009) Ed Bonnette -.,Re: Fwd: Storage container info Page 2
Pac Van Inc.
Denver Branch Manager
10250 Brighton !Rd.
Henderson, CO 80640
303-227-1300
303-227-0800 fax
303-548-6681 cell
This message may contain confidential information and is intended only for the individual(s) named.
Please notify the sender immediately if you have received this e-mail by mistake and delete this e-mail
from your system. Any unauthorized review, use, disclosure or distribution is prohibited. E-mail
transmission cannot be guaranteed to be secure or error -free, so the sender does not accept liability for
any errors or omissions in the contents of this message or its attachments. Any views expressed in this
message are those of the individual sender and may not necessarily reflect the views of the company.