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HomeMy WebLinkAbout113043 LARIMER COUNTY FLEET MANAGEMENT - PURCHASE ORDER - 9120520City Of PURCHASE ORDER PO Number Page 9120520 1 1 of 2 ' `t Collins This number must appear on all invoices, packing slips and labels. Date: 01127/2012 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: 01/26/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Fuel purchases for 2012 1 LOT LS 75,000.00 Total $75,000.00 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 Terrns and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local rase. Our Exemption Number is 11 NONWAI VER. 98-0,1502. Federal F ciec Tax Exemption Ccnificem of RCFistre, 84-6000587 is registered .with the Collector of Failure of the Purchaser to insist upon strict performance of the terms end conditions hercnf, 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 acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seiler of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of ony right ofthe damage in m it. may be returned to you for credit and arc not to be replaced except upon receipt of wrinen purchaser to insist upon strict performance herenforany ofiLs rights or remedies ns to any such g<wds, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent dcfaull heramder, nor shall any purm"M real modification or rescission of this purchase order by the Purchaser operate ns a univer of any of the terms Inspection. GOODS arc subject to the City ofFort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fan Collins, However, it is to be understood that FINAL Seiler and the Purchaser recognize that in actual economic practice, overcharges resulting from antitnst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by'the Purchaser. Theretofore. for grod 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 must be F.O.B., City of Fan Collins, 700 Wood St., Fan Collins. CO R0522, 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 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 Ihhe Purchaser directs the Seller to correct nonconforming 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 Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditions means mailable to it and the Seller shall pay all costs associnted with such work. Permits. Seller shall plreum at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, mpuletione, otdinnnces tad rules ofthe state, municipality, military 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 Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, onlirmccs, roles and requirements. Authorivatien. All panics to this contract agree that the mprescnmtives are. in fact, bona fide and possess full an<I complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Ordcr expressly limits acceptance to the tells and conditions stated herein set forth and any supplementary or additional tells and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by sailer are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is afthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents touched hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable mmcdies, the option ofplcing this order clsovherc and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable cannot and withoul it fault ofncgligcnec. such acts of Gad. acts ofcivil or military authorities, governmental priorities, Buz, strikes, fad, epidemics, wars or riots provided that notice of the 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 of any such delay, the date of delivery shall be extended for the perad equal to the time actually lost by rcasun of the delay. 3. WARRANTY. The Seller warrants that all gad. 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 parprocs intended, and performed with the highest degree of care and competence in accordance with accepted standards for Work of a similar nature. The Seiler agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may stirrer or incur on account ofthe Sellers breach of warranty. The Seller shall rcPlacc, repair or mike good, without cast to the purchaser, 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 moms crony applicable warranty provided by the Seller n0cr the dale of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of gards by the Purchaser shall not constitute a waiver crony claim under this warranty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hercunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties ar guarantees, but such liability shall in no event include loss ofpmfits or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal tells by written change order, 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quamilies originally ordered in the specifications or drawings. by verbal or wrinen change over, If any such change affects the amount due or the time of pMommarec 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 ponians of the goods then not shipped, subject to any cquimble adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the gads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seiler with respect to any goads which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods dcliwmd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assencd within thirty (30) days from the date the change or maturation is ordered. 8. COMPLIANCE WITH LAW. The Seiler warrmnts 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 arc subject. The Seller shall execute and deliver such documents as maybe required to effect or evidence compliance All laws and regudations required to be incorporated in agaccments of this character are hereby incorporated herein by this Mfcrcnce. The Scllcr ngrccs to indemnify and hold the Pumhascr harmless Isom all costs and damages suffered by the Purchaser is a result of the Scllcrs 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 w'armnts full, clear and unrestricted title to the Purchaser fnrall equipment, materials, and items fumishcd in perfoma ice 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 and its contractors of any tier from all liability and claims of any nature resulting from the performance crotch work. This release shall npply even in the event of fault of negligence of the party released and shall extend to the directors, uf0ccm and emplovees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is pafomucd or caused to he performed by the Purchaser. 14. PATENTS. NVhcncvcr the Seller is required to use any design, device, material or processcovered by letter, patent, m lcmark or copyright. the Seller shall indemnify and save hamdcss the Purchaser from any 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 cast. 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 Witte wart. In case said equipment. or any pan thereof or the intended use of the gad, is in such snit held to constitute infringement and the use of said equipment or pan 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 some with substantially equal but noninfringing equipment. or madify it so it becomes noninfrim ing. 15. INSOLVENCY. If the Seller shall become insaleent or bankrupt, make an assignment for the bereft 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 of terms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construct under and governed by the laws of the Stale of Colnmdo, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the wmiccs of Scllcrs Representative(%), on the premixes ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller 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 materiels before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, tudard, store and handle same at the site and become responsible therefor as though such materials andler equipment were being furnished by the SCIICr under the order. 19. INSURANCE. The Seller shall, at his own expense, pmvide for the payment of workers compensation, including occupational disease benefits. to its employees employed on at in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the ,late in which the work is to be done. The Seller shall also carry comprehensive general liability including but not limited to, contractual and automobile public liability insurance with hardily injury and death limits of at (cast S300.010 for any one pers. n. S500,000 for a one accident and with damage limit per accident of S400.000. The Scllcr shall likewise require his contractors, if any, to provide for such compensation and insumnec. Before nay ofthe Scllem or his contractors employees shall do any work upon the pmmiscs ofothcrs, the Scllcr shall furnish the Purchaser with a ecoificmc that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance have bren provided. Such certificates shall specify the date when such compensation and insumnoc expires. The Scllcr agrees that such compensation and insurance shall be maintained until a0cr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby axon ne, the entim responsibility and liability for any and all damage, loss or injury ofany kind or neturc whats<wver to persons or property caused by or resulting from the execution of the work pmvidct far in this purchase order or is connection herewith. The Seller will indemnify and hold ham less the Purchaser and any ar all of the Purchasers officers, agents and employees form and against any and all claims, losses. damages. charges or expenses. whether direct or indirect, and whdhcr to persons or property to which the Purchaser may be For or subject by reason of any act. action. neglect omission or default on the pun of the Seller, any of his contractors, or any of the Scllcrs or contractors officers, agents at employees In case any suit or other Proceedings shall be brought against the Purchase,, ar its officers, agents at employees at any time on account or by reason of any act. action, neglect. omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the some at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other pmcecdings and in case judgment or other lien be placed upon or ch dacd against the Property of the Purchaser, 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 otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary fur the prevention of accidents, comply with all laws and regulations with regard to safety including, but withoul limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 032010