HomeMy WebLinkAbout113043 LARIMER COUNTY FLEET MANAGEMENT - PURCHASE ORDER - 9110363 (2)PURCHASE ORDER PO Number Page
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Date: 09/12/2011
Vendor: 113043 Ship To: OPERATIONS SERVICES
LARIMER COUNTY FLEET MANAGEMENT CITY OF FORT COLLINS
ATTN: CINDY BARNASON 300 Laporte Avenue
PO BOX 1190 Building B
FORT COLLINS Colorado 80522-1190 FORT COLLINS Colorado 80521
Delivery Date: 01/12/2011 Buyer: JAMES HUME
Note:
I
Line Description Quantity UOM Unit Price Extended
Ordered Price
a Addendum 1 LIOT EA 35,000.00
To cover cost of fuel purchases to the
end of 2011.
OR a •1 !'
City of Font 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@fogov.com
Total
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
L COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and ]met taxes. Our Exemption Number is
11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84 WAM587 is registered with the Collector of
Failure of the Purchaser an insist upon strict perfamunce of the terrns and conditions henvf failure or delay to
Intemal Revenue. Denver, Colorado (Ref Colorado Revised Sam. 1973. Chapter 39-26. 114 (a),
exercise any rights or remedies provided herein or by law, failure m promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunda or approval of the design, shall not release the Seller of
Goads Rejected. GOODS REJECTED due m failum to meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not be dmmod a waiver of any right of the
damage in transit, may be reared to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict performance hacof or any of its rights or remedies m to any such goods, regardless
instructions from 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 rescission of this purchase order by the Purchaser operate as a walva of any of the terror
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the maximdise, services or equipment in rcspome to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the City of Fort Collins. However. it is to be understood that FINAL
Seller and the Purchaser recognize that in actual ecorromic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fad home by the Purchaser. Thera fora, fm good cause and as consideration for executing this
purchase order, the Seller hereby assigns m 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 Woad St., Fort Collins, CO 80522, unless
acquired under federal or seam antitmm 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 most accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where maoufactures have distributing points in various parts of the country. shipment is
If me Purchaser directs the Seller to correct nouconfonming or defective goods by a date to be agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
Purchasar and the Seller, and the Seller thereafter indicates its inability a unwillingness to comply. the Purchaser
shipments are made from greater distance.
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay an
costs assacimed with such work.
Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and ruin of the stare, municipality, territory or political subdivision where
the work is performed, m required by any otha duty constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless form and against all liability and loss
incurred by than by trim of an asseered or established violation of any such laws, regulations, ordimm", min
and requirements.
Authorization. All parties at this contract agree that the mpreumtatives are, in fact, bona fide and possess roll and
complete authority to bind said patim
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the tears and conditions stated
herein set forth and any supplementary a additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different temp and conditions proposed by sells are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you canna make complete shipment m arrive on your
promised delivery date as noted. Time is of the essence. Delivery and palmarunce most be effected within the time
stated on the pmcham oiler and the document attached hero. No acts of the Purchasers including, without
limitation, Karp mare of i atial lam 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 Sell" liable for damages. However, the Sella shall not be liable for damages m a mull of delays
due to causes not reasonably foreseeable which are beyond it mum able control and without it fault of negligence,
such act of God, acts ofciAl or military authorities, governmental priorities, fires, strikes. Band, 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 last by reason of the delay.
3. WARRANTY.
The Sella warrant that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other dacriptiom given, will be fit for the purposes intended, and
performed with the higher degree of cam and competence in accordance with accepted standards for work of a
similar nature. The Sella agrees to hold the purchaser hamless form any loss, damage or expense which the
Purchaser may suffer m mcor on account of the Sellers breach of war arty. The Sella shall replace, repair or make
good, without cast m the purchaser, any defers or fault arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of
aecepmnm of the goads famished hereunder (acceptance not to be unreasonably delayed), resulting form imperfect
or defective work time or materials Famished by the Sella. Acceptance or use of goods by the Purchaser shall net
constitute a waiver of any claim under this warmly. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchases may make changes to legal coma by written change order.
5. CHANGES IN COMMERCIAL TERMS,
The Purchaser may make any changes to the terms, mho than legal terns, including additions to or deletions form
the quarnmes originally odered in the specifxatiom or drawings, by vcdul or written change onset. If any such
change affect 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
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials than in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portien of the goods ad/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with aspect m any goads which am the Sellers standard muck. No such temnination shall mlieve
the Pumhasm or the Sella of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be axaarted within thirty (30) days from the time the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold berated" shall have bean produced sold delivered and famished in acrid
compliance with all applicable laws and min latims to which the goods are subject. The Sell" shall execute and
deliver such documents as may be required to effm or evidence compliance. All laws and regulations required no be
incorporated in agreements of this character am hereby incorporated haein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser m a result of the
Sellers failure ro comply with such law.
9. ASSIGNMENT.
Neither party shall assign, hensfa, a convey this order, or any monies due or to become due hereunder without the
prior written content of the other party.
10. TITLE.
The Sella warrants full, clear and unrestricted title to the Purchase for all equipment. tan erials, and items furnished
in pafomtance of this agmancnt, free and clear of any and all liens, restrictions reservations, security interest
ercumbmaes and claims of others.
The Sell" shall release the Purchaser and its contractors of arty ties from all liability and claims of any nature
resulting from the performance ofmch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees of such party.
The Sellers contractual obligations including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be perfoemed by the Purchaser.
14. PATENTS.
Whemrva the Sella 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 from any and all claims fm 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 arch
infringement at any time during the prosecution or after the completion of the work. In cam said equipment, or
any prat 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 it own expense and at its option, either Procure for the
Purchase the right to continue using said equipment or part, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or ban/arept, make an assignment far the brneftt of creditors, appoint a
receiver or mestee for my of the Sellers property, or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terns used or the interpretation of the agreement and the right of all parties hereunder shall be
command under and governed by the laws of the Stara 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 promises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Seller's own risk until the same 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 Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment an famished by others for installation or erection by the Sella, the Sella shall receive, unload.
store end handle same at the site and become responsible therefor as though such materials and/or equipment
were bring furnished by the Sella under the order.
19. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefit. to it employees employed on or in correction with the week covered by this purchase order,
and/or to their dependent in accordance with the laws of the state in which the work is to be time. The Sell"
shall also carry compmhemive general liability including, but net limited to, contractual and antomobile public
liability insmanre with bodily injury and death limits of at team S300.00o for eery, out person, $500." for any
one accident and property damage limit per accident of 8400,000. The Sella shall likewise require his
contractors, if any, to provide fm such compensation and insurance. Before any of the Sellers or has connectors
employees shall do any work upon the premises of other, the Sella shall famish the Pumhaser with a certificate
that such compensation and insurance have been provided. Such mrtificatca shall specify the dme wben such
compensation and insurance have been provided. Such certificates shall specify, the time when such compensation
and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until after the
entire work is completed and ecea rted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofan y kind
or nature whatsoever to persons or property caused by or resulting from the execution of the wok provided for in
this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any
or all of the Purchasers offcas, agent and employees from and against any and all claims, losses damages,
charges or expenses, whether direct or indirect, and whether to persons or property ro which the Purchaser may
be put or abject by reason of any act, action, neglect, omission or defauh on the part of the Sella, any of his
contractors, or any of the Sellers or contractors officers, agent or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agent or employer m any time on sca m or
by reason of any act, action, neglect omission or default of the Seller of arty of his contractors or any of it a
their officers, agents or employees as aforesaid the Sella hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all toms, charges, attorneys fees and other expenses,
any and all judgment that may be incurred by or obtained against the Purchaser or any of its or their officer,
agent or employees in such suits or other proceedings, and in case judgment or other It= Inc placed upon or
obtained against the property of the Purchaser, or said putties in or as a result of such suits or other proceedings,
the Sella will at onee ause the same to be dissolved and discharged by giving bond or otherwise. The Sell" and
his contractors shall mke all safety precautions, furnish and install all guards necessary far the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Ad of 1970 and all min and regulations issued pursuant thereto.
Revixed 03/2010