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HomeMy WebLinkAbout126795 GREASE MONKEY - PURCHASE ORDER - 9120674PURCHASE ORDER PO Number Page City of 9120674 `t Collins ns This number must appear " on all invoices, packing slips and labels. Date: 02/01/2012 Vendor: 126796 GREASE MONKEY HARMONY MARKET 1036 OAKRIDGE DR FORT COLLINS Colorado 80525-5590 Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 02/01/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Blanket order to 1 LOT LS 800.00 cover the cost of oil changes for fiscal year 2012 as per bid #7157. All services shall be made upon request of City personnel only. An invoice indicating City personnel name and unit number serviced must be submitted for payment.. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 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:purehasing@fcgov.com Total Invoice Address: $800.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 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 tnasit. may be maimed to you for credit and am not to be replaced except upon receipt of written instructions from the City effort Collins. Inspection. GOODS are subject to the City effort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. Nfline, or delay to exercise any rights or remedies provided hcrcin or by law, failure to promptly notify the Seller in the event of a breach. the acceptance ofor payment for goods hereunder or approval ofthe design, shall nut release the Scllcr Of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right ofthe purchaser to insist upon strict performanec herenfor 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, nor shall any purported find modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. audmnzed payment on the pan of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchnser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser tiny and all claims it may now have or here"Rer Freight Terms. Shipments most be F.O.B., City of Fen Collins. 700 Wood St., Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for .such overcharges relating to the particular good or sen'iecs otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Pu¢hascr 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 If the Purchaser directs the Seller to correct nonconforming or defective good 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 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 all costs a„uciatcd with such work. Permits. Seller shall procure at sellers side cost all necessary pcmits, certificates and licenses required by all applicable laws, regulations, ordinances and rules 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 harri from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws regulations ordinances. talcs and requirements. Anthorunation. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated hcrcin by refcrenec. Any additional or different terms and conditions proposed by seller am objected to and hereby rejected. a_. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on 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 ofthis prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Hovcvco the Seller shall not be liable for damages as a result of delays due to causes not masonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts ofGod. acts ofeivil or military authorities. governmental Frontier. fires, strikes, Rood, epidemics. wars or riots provided that notice of the condinons 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 hou by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this Order will conform with applicable drawings, specifications, samples and/or other descriptions given, mill be fit for the purposes intended, and perforated 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, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs 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 of time as may be pmscnbed by law or by the terms of any applicable warranty provided by the Seller allor the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Set lee Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this wamnry. Except as otherwise provided in this purchase order, the Sellers I iabiliry hereunder shall extend to all damages proximately caused by the hreach of any of the foregoing 0,am, MILS or guarantees, 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. CH ANG ES IN LEGA L TERMS. The Purchaser miry make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TEPJ IS. The Purchaser may make any changes to the terms, other than legal terms, including additions to fir deletions from the quantities originally ordered in the specifications or drawings, by started at ,women change order. If any such change affects the amount due or the time ofperfommnce hereunder, an equitable adjustment shall he made. 0. 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 then in progress provided that the Purchaser shall nor be liable for any claims for anticipated profits on the uncompleted portion of the goody andfor work, for incidental or consequential damages, and that no such in jstment be made in I.,., of the Seller with respect to any good which arc the Sellers standard stork. No such rcrmination shall relieve the Purchaser or the 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 form the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts that all good% sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good am subject. The Seller shall execute and deliver 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 hamdess from all costs and damages suffered by the Purchaser ns a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pony shall ac ign, 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 furnished in performance of this agreement, free and clear of any and all Iicns, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall rdcasc the Purchaser and its contractors of any net from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply sera in the event of fault of negligence of the party, released and shall extend to the directors. Ol eco; and employees ofsuch party. The SCRcr's contractual obligations including wamnry, shall not be deemed to be reduced. in any way, because such work is performed or caused in be performed by the Purchaser. 14. PATENTS. %Vhcncvcr 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 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 cost, expense or damage which it maybe obliged to pay by reason ofsuch infringement at any time during the prosecution of after the completion ofthe work. In case said equipment, or any pan thereof fir the intended use of the goads is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Scllcr shall, at its own expense and at its option, either procure for the Purchaser the right to continue using s id equipment or parts, replace the same with substantially equal but noninfringing equipment, or madify it so it bmamcs noninfringing. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the bencft of creditors. appoint a mceiver or trustee for any of the Sellers pmperty or business this order may forthwith be canceled by the Purchaser without liability. Ib. GOVERNING LAW. The definitions oftemts used or the muctruemtion ofthe agreement and the rights of all panics herctmder shall be construed under and governed by the Inv. ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hcrcundcr, including the services OfSellers, Rcprcsemmive(s). on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees 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', final completion and acceptance, complete the work at Scllcr's own expense and to the satisfaction nfthe Purchnser. When materials and equipment ire 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 thcrcfor a, though such materials and/fir equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense. provide for the payment of workers compensation, including occupational disease hcncfts, 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 Imes of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. conuct eil "ad automobile public liability instmncc with bodily injury and death limits of at least S300,000 for any one person. S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his cnotmctOrs, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees ,hall do any work upon the prcn. ises of others, the Seller shall famish the Purchnser with a eenificate that such compensation and insurance have been provided. Stich 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 tig ers that such compensation and insurance shall he maintained until 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 ofany kind Or nature whutsuever to persons Or property caused by or rcsoliml; from the execution ofthe work Provided for in this purchase orderor in connection herewith. The Seller will indco nify and hold humdess the Purchaser and any Or .II of the Purchasers officers, agents and employees from and against any and all claims losses damages, charges or expenses. whether direct or indirect, and whether to persons or property to which the Purchaser may he 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 Scllcrs or contactors officem, agents or employees. In case any suit or 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 of the Seller of any of his contactors 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 tame at the Sellers own expense, to pay any and all cots, charges, attomcys fees and other expenses, any and all judgment, that may be incurred by or obtained against the Purchaser or any of its or their ofAccn. agents or employees in such suits or other proceedings and in ease judgment or other lien he placed upon or obtained against the property of the Purchaser, or said panics 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. 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 odes and regulations issued pursuant theism. Revised 03/2010