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HomeMy WebLinkAbout458489 CENTENNIAL LEASING & SALES OF NORTHERN CO - PURCHASE ORDER - 9112715City Of PURCHASE ORDER PO Number I Page 9112715 1 1 of 2 `t Collinshis number must appear " , 1 on all invoices, packing slips and labels. Date: 05/13/2011 Vendor: 458489 CENTENNIAL LEASING & SALES OF NORTHERN COLORADO 4730 S COLLEGE AVE #102 FORT COLLINS Colorado 80525 Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 iAN,- Iy-1 - I,�j TD l u b,,u,,2r, Delivery Date: 05/13/2011 Buyer: JAMES HUME Note Line Description Quantity UOM Unit Price Ordered Extended Price 1 2011 Honda Pilot EX 1 LOT EA 9,150.00 Fleet portion 2 2011 Honda Pilot EX 1 LOT EA 6,000.00 Police portion per email quote dated 5-12-11, Attn: Toby Dept: Police Price: $31,150 Less trade-in 16,000 2007 Saturn Outlook #21636 Total: $15,150 Deliver vehicle & title documents to: Fleet Main Shop, 835 Wood St, Fort Collins 221-6613 Total $15,150.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 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 statute the City of Fort Collins is exempt fmm state and local mxes.Oor Exemption Numher is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure Of the Purchaser to insist open strict performance of the terms and conditions hereof, failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39.26. 114 (a). exercise any rights or remedies Provided herein or by law, failure to promptly notify the Seller in the event of a breach, the ncecptnncc of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamnties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods, regardless instructions fmm the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or reseis,inn of this purchase order by the Purchaser operate as a waiver of any Of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrived. hereof. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 12. ASS IG NM ENT OF A NTITR UST CLA I NIS. authorized payment on the part of the City of Fort Collins. Hosvrver, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc 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 Freight Terms. Shipments most be F.O.B., City Of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill mat 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 parts of the country, shipment is If the Purchaser directs the Seller to correct noneonfoming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted floor Invoice when Purchaser and the Seller, and the Seller thcmaRcr indicates 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 Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all rosemary permits. cef ificams and licenses required by all applicable laws, regulations, ordinances and mles of the 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 Fort Collins harmless farm and against nll liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances talcs and requirements. Authorization. All parties to this concoct agree that the representatives am, in fact, bona tide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptant,, to the tcmrs and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hacto Or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active On your promised delivery date as noted. Time is oftbc esunce. Delivery and Performance must be effected within the time stated on the purchase order and the documents attached hacto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision. In the event ofany delay. the Purchaser shall have. in addition to other legal and equitable remedies, the option ofplacing this order clmwherc and holding the Sclla liable for damages. However, the Seller shall not be liable for damages as a result of delays due to coos,, not reasonably foreseeable which are beyond its reasonable eontml and without its fault ofnegligcnec such acts of God, acts fcivil or military authorities, governmental priorities, fires, strikes, Rood, 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 reason of the delay. 3. WARRANTY. The Seller wamnts 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 for the purposes intended, and performed with the highest dcgrm of cam and comp mace in accordance with accepted standards for work of n similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage Or expense which the Purchaser may suRa or incur on account of the Sellers; breach of wamnty. The SCllcr shnll replace, repair Or make good, without cost to the porchaur. any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applimbic wamnty, provided by the Seller ancr the date of acceptance of the goads furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss of pmfils or loss close. 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal term. including additions to or deletions from the quantities originally rent in the specifications or drawings, by ve tail or written change Order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable m1j atmcnt berwrcn the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfiL on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or mornination is ordered. R. 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 arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Imes and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Scllcr agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 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 of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items Incur shed in performance of this agreement free and clear of any and all liens, restrictions reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser sad its contractors of any tier fmm all liability and claims of any nature resulting pram the pertormnnce nfsuch work. This release shall apply even in the event of fault of negligence of the patty released and shall extend to the directors, officers and employees of such party. The Sellers contractual obligations, including syamnty, shall not be deemed to be reduced. in any is ay. because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to toss any design, device, material or process covered by letter, patent. trademark Or copyright, the Seller shall indemnify and save hamlets the Purchaser fmm am, and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract. and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or tiny part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its 'sea expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall bc,,ome insolvent nr bankrupt, 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 Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and govere d by the laws ofthe Smtc of Colorado. USA. The following Additional Conditiotu apply only in cases where the Seller is to perfnm work hereunder. including the scrvicca of Scllem Representai"c(s), no the ptcmiscs ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the some is fully completed and accepted, and shall. in case 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 non expense and to the satisfaction of the Purchaser. When materials and equipment are famished 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 byline Scllcr under the order. I R. INSURANCE The Seller shall, at his own expense, pmvidc 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 state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with head, injury and death limits of at least 5300,000 for any one person. S500.000 for any one accident and pmpcny damage limit per accident of S400,000. The Seiler shall likmaise require his contractors, if any, to pmvidc for such compensation and insurance, Before any of the Sellers or his contractors cnrployccs shill do any work upon the premises of othcm, the Seller shall famish the Purchasermi 1, a cenificatc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have hcen provided. Sach certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until u0cr the entire work is completed and accepted. 19. PROT17C'DON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all dosage. Ins, or injury ofaany kind of nature whmsaevcr to persons or property caused by Or resulting from the excc umn Of the work provided for in this purchase order or in connection hercmi th. The Sellcr will indemnify and hold harmless the Purchnser and env Or all of the Purchascre officers, agents and employees from and agninsl any and nil claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller. any of his contractors or any Of the Sellms or contractors oRceer, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, nr its officers, agents or employees at any time on account or by reason of any act. action, neglect, omission or default of the Seller ofany of his contractors or any of its Or their omecrs, agents or employees as aforcsnid, the Seller hereby agrees to assume the defense thereof and to defend the more at the Sellers own expense, to pay any and all cats, charges, attomcys fees and other expenses ,any and all judgments that may be ineoned by or obtained against the Purchaser or any of its or their officers, agents or employees in Such suits or other proceedings, and in cape judgment or other lice be placed open or Obtained against the property of the Purchase, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or mbcnvisc. The Seller and his contractors shall take all snfcty prccautions, furnish 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 1lcalth Act of 197n and all ndcs and regulations issued pnrsnant therein. Revised 03/2010