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HomeMy WebLinkAbout476050 HIGH COUNTRY H-D / BUELL - PURCHASE ORDER - 9121545City of art Collins PURCHASE ORDER PO Number Page 9121545 1of3 This number must appear on all invoices, packing slips and labels. Date: 03/14/2012 Vendor: 476050 Ship To: POLICE DEPARTMENT HIGH COUNTRY H-D / BUELL POLICE SERVICES 3761 MONARCH ST 2221 TIMBERLINE ROAD FREDERICK Colorado 80516 FORT COLLINS Colorado 80525 Delivery Date: 03/14/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 2012 FLHTP per Quote 1 LOT LS 10,570.15 Price: $20,170.15 Less trade-in of 31005 - 9,600.00 Balance: $10,570.15 31005: bike VIN ends in 706855 Trade per Dave P. 2 2012 FLHTP per Quote 1 LOT LS 9,640.15 Price: $20,170.15 Less trade-in of 31003-10,530.00 Balance: $ 9,640.15 31003: bike VIN ends in 704942 Trade per Dave P. 3 2012 FLHTP per Quote 1 LOT LS 9,535.15 Price: $20,170.15 Less trade-in of 31004-10,635.00 Balance: $ 9,535.15 31004: bike VIN ends in 708322 Trade per Dave P. Dept: Police 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 Fort Collins Ciof PURCHASE ORDER PO Number I Page 9121545 2of3 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Deliver all bikes & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins 970-221-6613 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 Total $29,745.45 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. 'tux exemptions. By statute the City of Fon Coll it is exempt from amo, and local taxes. Our Exemption Number is 11. NON WAIVER. 98.04502. Federal Eacisc Tax Esempiun Cer ilicme of Registry 84-6000587 is registered with the Collector of Fuilun of the Purchaser m insist upon strict performance of the more; and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colored. Revised Statute, 1973, Chapter 39-26. 114 (a). exercise any right or remedies provided herein of 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 con rdcase the Seller of Goods Rejected. GOODS RFJECI'ED due a failure m nice[ specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be devoted a waiver Of ally right of the damage in transit, may he returned to you for credit and ore not to be replaced except upon receipt of written purcbuscr hd insist upon strict pcdmnmun a h,m.for any of its rights or remedies as m any such goods, regardless instructions IYom the City of Pon Collins. of whcu shipped, received or accepted, as 1. any prior or subsequent default hcrcunder, nor shall any Purported nod nwdi Neutron or rescission of this pure hose order by the Purchaser operate as a wari vcr of any of the ems Inslaetion. GOODS arc subject to the City of Fun Collins inspection on arrival. hereof. Final Acceptance Receipt of the merchandise, son ices or equipment in respvttc to this order can result in 12. ASSI G NM ENI' OF ANT'I']'It UST CLA I NIS. authorized payment on the pact of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front antitrust ACCEP I'ANCE 1s clefoodent upon completion of all applicable Required In twetlun procedures, violations ate in fuel borne by the Purchaser. Theretofore. fill gaol[ came and as consideration far execulmg Kris purchase order, the Seller hereby assigns [o dine Purchaser any and all duins it may now have or hereafter Freight Toms. Shipments must be F.O.B., City of Fen Collins, 700 Wood St., Pon Collins, CO 80533, unless acquired under federal or smite antitrust laws fur such overcharges totaling to the parlicuhar goods or xniccs otherwise specified on this oNer. 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 non be accepted. Shipment Distance. Where manufacturers have distributing points in various puns of the country, shipment is expected lion[ We nearest distribution point to deslimniol, and excess Height will be deducted Gam Invoice when shipments arc made from greater distance. Permit. Seller shall procum at seller .to cost all necessary permits, ecniffrees and lieeuses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory m political subdivision where din work is performed, or required by any other duly constituted public authority having jurisdiction over ,he work of vrWor. Seller further agrees to hold rise City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an .-cried or established violation of any such laws, regulations, mdimmces, rules and requirements. Authorization. All panics to this contra cl .grace that the min,scnmtivc. arc, in fact, bats tide and possess full and complete authority to bind said panics. LIMI"rAT'ION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions soared herein set forth and any supplementary or additional terms and conditions annexed hemni or incorporated herein by rel@ranee. Any additional or d10ircm terns and conditions proposed by seller tan objected to and hereby rejected. '_. DELIVERY. PLEASE ADVISE PURCHASING AGENT' immediately if you cannot rake complete shipment to arrive an your l mmised delivery date as noted. 'I'into is at the essence. Delivery and performance must be evicted within the time stated tan the purchase order and the docru eats attached heroic. No acts of the Purchasers including, without limitalioo, acceptance of partial laic deliveries, shall operate as a waiver of this provision. In [lie event ofany delay, the Purchaser shall have, in addition to other legal and equitable mmcdies, the option of placing this oNer elsewhere and holding the Seller liable for damages. Boyce, the Seller shall not be liable for damages as a rcsoil of dcl,y, due to causes not mosom bly fore,,vable which are beyond is reasonable control and without its fault ofacgligence, such aces of Gd, acts of ci, it or military authorities, governmental priorities, tiro, strikes, flood, epidermic,, wan or riots provided that notice of tire eo ldiumn, carving such delay is given to the Purchaser within live (5) days of the time when the Scllcr fan, received knowledge Ihetool: In the clear of any such delay, the date of delivery shall be emended for to paid equal to the time actually last by reason ofthc delay. 3. WARRANTY. 'I he Scllcr woman, that all goods, anielc,, materials and work covered by this order will courarna with applicable drawings, specifications, ,ample, and/or other descripllms given, will be lit for the 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 m hold the pimlurscr harmless fonh any loss, dauagc or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects at fouls arising within one (1) year or within such longer period of time as may be prescribed by law or by [he ,onto ofmry applicable warranty provided by the Seller after the dine of acceptance of the goad. furnished hercmWcr (acceptance not to be unreasonably dcayed), resulting from iniNrlect tar defective walk done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not Constitute . waiver fany claim under this wammy. Except us othenci,c provided in this panel.. order, the Sellers liability hereunder shall extend a all damages proximately caused by the breach of may at the toregoing wammics or guarantees. but such liability shall in no event include loss of profils or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. J. CHANGES IN LEGALY'ERMS. 'rhe Purchaser nay make change, to legal lens by written change order. 5. CHANGES IN COMMERCIAL TERMS. 'Ilie Purchaser may make any changes to [he Imes, ether than legal terns, including uddrious to or delchions lium the quantities originally ordered in the ,pecifcutions or dr wings, by verbal or written charge urdcr. If any such change affects the amount due tar the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. 'I lie Purchaser may at any ,ins by written change order, Imamate this agreement us to any or all punier of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progresss provided that the Purchaser shall not be liable for any duinu for amicipmed plofit, on to uncom.[,led portion of the goods a rdi'm work., for incidcnal or consequential damages, and that no such ulljnsmncnf be made in farm of the Seller with respeel 1. any'..,,, which are the Scllcrs standard slo ck. No such temminatiun shall relieve floc Purchuxr or the Scaler of any of their, obligations as to any goods delivered hcrcunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for udjustmenl must be asserted within thirty (30) days from the date the change or termination is ordcnd. 8. COMPLIANCE WITH LAW. 'I he Seller warns that all good's sold hereunder shall have been produced, sold, delivered and tami,hed in strict compliance with all applicable laws and regulations to which the goods ure subject. I tic Sol let shall execute and deliver such docmmens as may be required to effect or evidence compliance. All laws and regulations required I. be incorporated in agaccments at this cammucr are hereby mompnrad hotel. by this morence. The Seller agrees tu indemnify a d hold the Purchaser harmless from all cosy and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assig,t, transfer, or convey this order, or any monies due or to become due hereunder without the prior written convert of the other parry. 10.'111'LE. The Seller warrants full, clear and mvestrictrJ title to the Purchaser for all equipment, materials, and items funnished in perfunuance of ti, agreement, free and clear of any and all liens, restricoions, reservations, security into,"[ eneumbranev, and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct no rconf mating or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller th,m.11,r indicates its inability or unwillingness to comply, the Purchaser play cause tire work to be performed by olie most expeditious incurs available to it, and the Seller shall pay all cost as,ociawd with such work. "File Scllcr shall release the Purchaser and it contractors of any tier from all liability and claims of any nature rsuhing front the performance fsuch work. 'Phis release shall apply even in the event of fault of negligence of the pony released and shall extend to the directors, officers and employees of such party. 'rhe Sellees contactual obligations, including gam ily, shall not be deemed to be reduced, in any way, because such work is perfumed or caused to be performed by the Purchaser. 14. PA'I'EN'I S. Whenever the Sol ter is required to use any design, device, material or process covered by letter, patent, trademark or copyright, [tic Seller shall indemnify and save harmless the Purchaser item any and all claims for infringement by reason of [tic use of such panned design, device, luatcrial or process in cmmeclion will) the contract, and $hall indemnify Ilm Purchaser for any cost, aspens' or damage which it may be obliged to pay by reason of such n ringeni,nd al any time during the im,cculion or alter the completion of the work. In ease said equipment, or any purl thereof or to intended use of the goods, is in such suit hold to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, it its own expense and at it option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but nohiriiaging equipment, or modify it so it becomes noainninging. 15. INSOLVENCY. If the Scllet limit became insolvent or 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. 'I'ltc definitiots of terns used or the interpretation ufte agreement and the right of all panics hereunder shall be coam red under and governed by the laws of the State of Colorado, USA. The 16Iluwing Additional Conditions apply Duly in enscs where the Scaler is to perform work hereunder, including the sets ices of Sellers Representalive(s), on the praniscs of.th,,,. 17. SELLERS RESPONSIBILITY. "fhc Seller shall Carty on said work nt Settees own risk until the same is fully compled and accepted, and shall, in ease of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Settees own expense and to to satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, utdo id, store and handle sums or the site and became responsible therefor as though such materials and/or equipment were being furnished by the Seller under ,Ile order. 18. INSURANCE. 'the Seller shall, ul his own expcasc, provide for the payment of worker, compensation, including Occupational disease benefits, to it, employees employed on or in connection with the work covered by this purchase order, and/or to their Jependens in accordance with the laws of rhe slate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, conlrncWul and automobile public liability insurance with budily injury and death limits of at (cast $300,000 for any one pawn. S500,000 for any one accident and property damage limit per accident of $400,000. 'file Seller shall likewise require his cmumclon, if ally, to provide for such compensation and insur ace. Before any Of fhc Sellers or his contractors employees shall do any work upan die promises of oaken, the Seller shall furnish to Purehrscr 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 cenihcales shall specify the date when such compensation and insurance erpi¢s. The Seller agrees Char such eompenvriwr and Insurance shall be maintained ., .,all a[ier,hc cif im work is completed and accepted. 19. PROTECTION AGAINST' ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability fur any and all damage, loss or injury orally kind or noun• whosoever to persons or property caused by or rewhing fiom alto c.uewioa of rhe work provided for in this purchase order or in connection hemwit. The Scllcr will indemnify and hold taintless the Purchaser and any or all of the Purchasers officers, ugens and employees Goal and against any and all etains, losses, damage,, charges or expeows. whether direct or inducer, and whether a persons or property to which [tic Purchaser may be put or subject by reason of any act, uerion, neglect, emission or default tan We pun of the Seller, any of his contractors, or any of the Sellers or conraaors Otlicers, agent or employees. In case any suit or other proceedings slmll be brought against the Purchaser, or its officers, agent or employees.[ any time tan account or by rerun of any net, action, neglect, omission or default of the Seller of any al'his contractors or any Of it or their office., agents or employers as ulooc id, the Seller hereby agrees to aesunne the define thereof and to defend the some at the Seller, Own cspcm,, I. pay any and all costs, clmrges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of it or their office., agents or employees in such suit or other procedings, and in case judgnant or other lien be placed upon or obtained against the property of to Pumbasrr, or said parties in or as a result ofsuch nits tar other pmcealings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. T'he Seller and his contractors shall fake all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations will, regard to safety including, but without limitation, the Occupational Sammy and Elcalt Act of 1970 and all rules and regmlulionsissued pursuant lhcmto. Revised 03/2010