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Home My WebLink About499626 SEARS - PURCHASE ORDER - 9122043PURCHASE ORDER PO Number Page City Of 9122043 1 of 3 ' �t Collins This number must appear 1 on all invoices, packing slips and labels. Date: 04110/2012 Vendor: 499626 Ship To: FLEET SERVICES - MAIN SHOP SEARS CITY OF FORT COLLINS 205 E FOOTHILLS PKWY 835 WOOD ST FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80521 Delivery Date: 04/10/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Blanket order to 1 LOT LS 5,000.00 cover the cost of miscellaneous minor repairs and parts for fiscal year 2012. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. The following general terms and conditions apply to work performed for the City: Training of vendor personnel: Sears will be expected to train employees in proper procedures for repairing City vehicles and billing for those services. Credit cards will not be used to pay for services. Allowable Repairs and Services replace bulbs replace broken serpentine belt (do not replace worn belts. See below) replace worn or broken windshield wiper blades tire repairs (do not replace tires. If a tire is damaged beyond repair, contact the Fleet shop) Observed Problems Vendors are expected to immediately advise Fleet personnel by phone if any of the following items are noted: - low brake fluid level (do not refill) - worn serpentine belts - worn tires - serious fluid leaks - safety concerns or damaged components Fleet Shop phone: 221-6613 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO _ City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of///�� 9122043 2 of 3 C6rt Collins This number must appear //",y`�—J`'' ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price These issues should also be noted on the billing invoice. Invoicing: Invoices must show price and descriptions of repairs and services rendered. Note observed maintenance issues on the invoice. Identify vehicle by at least two of the following: Unit number, VIN, or license plate number. Invoice must include the printed name and signature of the City driver. Fax or email invoice to Jan at Operations Services within five working days. Fax: 970-221-6534, email: jwatson@fcgov.com <mailto:jwatson@fcgov.com> 9-0-., Q. oA;-o-ems City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 Invoice Address: $5,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax csenlptions. By'stalactite City of Fort Collins is escmpt Goat state and local taxis. Our Exemption Number is 11. NONWAIVLR. 98-04502. Federal Excise Tax Exemption Ccnificntc of Registry 84-6000587 is rcgi.wrcJ frith the Collector Of Failure of the Purchaser to insist upon strict performance of the teas and conditions heref, failure or delay to fus"Orl Revenue, Denver, Colorado (Rc1. Colorado Revised Snows 1973, Chapwr 39-26. 114 (a). exercise any rights or rcmedies provided herein or by law, failure to promptly unity, the Seller in the event of u breach, the acceptance oforpaynent for g.us hereunder or approval Of the design. shall nor mouse the Seller of Goods Rejected. GOODS REJECTED due to failurc to meet spc'c'ilivmions, either when shipped or due to dowers of any of the warranties or obli,Sin as of this purchase order and shall not be deemed a waiver Of any right .1 the damage in Ransil, may b<• wooed to )'on for credit and are not to be replaced except upon receipt of wtinca purchaser to insist upon strict perfonnunce hereol or any of its rights or remedies as to any such goods, regardless inntmaions front the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any pro oncd oral modification or mission of this purchase order by the Purchaser operate as a waiver of any id the wilts Inspection. GOODS are subject to the City ofFort Collins inspection on arrival. hereof, Final Acceptance. Receipt of the nwrchmtdise, services or equipment in response to this order call result in 12. ASSIGNMENTOP ANI'I'IRUST CLAIMS, authorized payment un lw pan of the City of Fain Collins. However, it is to be unit.nInsist that FINAL Seller and the Parchuscr wCUOuLe that in actual economic practice, overcharges resulting front moll Nit ACCEPTANCE is dependent upon completion .fall applicable required inspection Orcedures. rohniou, arc in fact honor by the Powhuse, fit ... 1.1ore, for good caoc and as eunsidcotion 1'ur executing this purchase order. do, Seller hereby ..signs to the Purchaser any and all claims it miry now have or o0teit ter F. cighl'I"cans. Shipments nest be F.D.B„ City of To" Collins, 7W Wood St., Ton'I Cu l l ins, CO 80522. unless acquired under Icderal or still, antitrust Imes fur such overcharges relating to the particular goods or services otherwise Speeilwd no Ihis order. 11 penniseion is given to prepay freight and charge sop:umcly, the original freight purchased Or acilmieJ by the Purchaser Purau:un to this purchase order. bill must accompany usuice. Additional charges lot packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shirynem Distance. Where manufacturers Iwve distributing points in various pans of Ila• country, shipment is little I'uwouscr directs the Seller m ctu'rcet noeodomunig or defective good's by a dale It be agreed upon by [tie expected hour the nearest distribution point Its destination, and excess fnigla will be deducwd limn Invoice when Purchaser and the Scllcr, mud the Seller therculler indicates its inability or unwillingness ro comply, the purchaser shipments aromatic front grcuwr distance. may cause the work to be performed by the most expeditious means available I. it, and the Scllcr shill[ pay all cost, asso,iawd with such work_ Porous. Seller shall firs at seller sole cost all ovCSay permits, cenilieates and licenses required by all applicable lows, regulations, ordinances and Mies of the state, ntunicipality, territory or political subdivision where Lie work i, performed. Or required by any other duly constituted public awhority, having jurisdiction user the pork of %odoe Seller further agrees to hold the City of Fon Collins harmless farm and against all liability and I.- incurred by boor by Mason of an asserted or established violation of any such laws, regulation, ordinances, rule, and rcqumninaits. Aallmrimrion. All panics to this contract agree that the rcpnsemativeS arc, in fact, bona fide and posers full and complac authority to bind Said panics. LIMITATION OF TERMS. Ihis Purchase Order expressly limits acceptance to the wins and conditions Stated hcrcin set I"onh and any Supplementary or additional to. and conditions anOcacd hags Or incorporated hccin by ,lowncc. Any additional or dith wilt terms and conditions proposed by Seller arc objected to Slid hereby rejecwd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediwely ifyou carrot nnake complete Shipnwnt to arrive on your pwntiSed deliver date as noted. Time is critic csSeme Delivery and perforomec must be eflieled within the time Stated un the purchase Order and the documents attached heroic. No acts of the Purchaser including, without limn:lion, acceptance ofpnuial late dclivcricS, Shall operate as a framer of this provision. In the event of any delay, rise Puniascr Shall have, in addition to other legal and equitable remedies, the option ufpyaeing Ili, order elscwhcrc Slid holding the Seller liable fur damages. HOWCYCr, the Seller Shall Hot be liable lir d:utages its a result of delays due to causes nor wvsonubly Ibresecablc which an beyond its aaso sable control and willow its fault olnegligence, such acts J'God, acts al -civil or ntilimry authorities, governmental priorities, fires, strikes, Ruud cpidcntis, wan or riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the time when the Scllcr lint received knowledge thereof. In the ,,cal of any such delay, the date ill Misery Shall be extended for the period equal its the time actually lost by reason of the delay. 3. WARRANTY. "1'It, Seller warranti that all gos article,, materials and work covered by this order will conform with applicable dmavingS. Specilicaliur, Samples and/or other descriptions given, will to, ill for site purposes intended, and perfmard with the highest degree of care and conference in accordance with accepted Standards for work of a similar nature. The Seller agrees n hold the purchaser hannlcs from way loco, damage or expense which the Purchaser may suffer or incur on account of the Seller broach of wmmmyty The Seller Shall replace, repair or stake good, without cast to the purchaser, any dct cts or faults arising within one (1) year or within such longer period of time may be pnsaribell by law or by the was of any applicable v, m my pmv id,d by the Seller alter the date of acceptance of the goods furnishr1 hcrcundcr (acceptance not to be unreasonably delayed), resulting from imperfect or defective work dote or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall nor constitute a waiver or any claim under this warranty. Except as otherwise pmwided in this purchase order, the Scllcr, liability hereunder Shall extend In all damages pmsimatelg caused by the breach array ofthe fungmLol.waro sties or greliance, but Such liability Shull in no event include fuss of prolix or less of use. NO IMPLIED WARRANTY Olt MERCI AN'I'ABILI'FY OR OF FtNESS FOR PURPOSE SHALL APPLY. a. CIIANG17S IN LEGAL TERNIS. The Purchaser nay make changes to legal arras by written change order. 5. CHANGES IN COMMERCIAL 'I"ER1,IS. 'File Purchaser may make any changes to the Icrus, other than legal terms, including additions to Or deletions from the quantities originally ordered in the specification or drawings, by verbal or writer change unim II any such closings, affects tle amount due or the line ofperfumiance hereunder, ua equitable adjusturcat shall be node. G. TERNI INA'I'IONS. The Penchi scr may at any into by women chong, order, terminate this agreenwnt as to any Or all portion, of the goods then not Shipped, subject to airy equitable adjustment between the panics Ise, lO any work or ntweriulS Ilion in progress provided dam the Purchaser Shall non be liable for any claims lot anticipated profits on the uneomplcled portion of the goods and/or work. for incidental or consequential damages, and that no such adjustment be made in fame of Lie Seller with nspcot to any goods which are the Sellers standud Smek. No such Ierounm ion ShaI relI... the Purchaser or the Scllcr of any of their obligations as to any goods do] ivcrcd hereunder. 7. CLA INIS FOR ADI US'IMENI Any claim or adjustm.m ntml be unsorted within shiny (30) days from the date the (lunge or termination is mdonu& S. COMPLIANCE Willi LAW. The Scllcr wam o Char all goods Sold hcrcundcr Shall have been Food ... J. sold, Delivered and furnished in Soria compliance wilt all applicable laws and regulations to which the goods ore subject, The Seller .hull execute and d.livcr such doewnens as may be nq.iwd m omen or evidence compliance, All luw.:ud regulations required to be incorporated in ugreemmiu of lei, character are hereby incorporated hcrcin by this relirencc. The Seller agrees to indemnify od hold the purchaser hnrnnless Gum all cots and damages satIv ed by the Purchaser as a result of tlm Sellers failurc to comply with Such law. 9. ASSIGNMENT'. Nculwr pany Shull assign, toust r, or convey Ihis order, or any monies due or to became duc hereunder n'ithuut tiro Pit., written consent of nc" Other party. 10, 11'fLE. The Scllcr unrr nts fulL clear and unne,riewd title to the Punhascr for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, rescn'ut ions. Security interest cncwnbmnces and claims ufothcn. The Seller Shull release the Purchaser and its contactor of any tier from all liability' and claims of any nature resulting from the penorn uloo of such work. 'Phis release shall apply siren in the event of fault of negligence of like pany released and shall extend to the directors, ofliccn and employees of such party. The Seller's contractual obligations, including warrant', shall not be decntd to be reduced, in any way, because Such is ask is perfonned or caused Io be pollormd by'the Purchaser. 14. PATENTS. Whcncvcr the Seller is required to use airy design, device, material or process cuvcred by letter, patent, trademark Or copyright, the Seller stall indemnify and save hannlov the Purchaser front any and all claims Ivor intringentent by r.,,a of the use o1 such Patented design, device, material or process in connection with Ric contract, and Shall indemnify rite Purchaser fur any cost. lisp e•..so or damage which hairy be obliged to pay by reason uf, a is ntringenant at any time during the prosecution or inner the completion of the work. In case Said equipment, or any part thereof or the intended use of the goads, is nit such suit held to constitute infringement and the use of Said equipnrtnt or per is enjoined the Seller dhdl, aI ire, own expense and al its option, either procure for ill, Purchaser tlno right tap continue using said equipno,nt or pans, «place the same wide substantially equal bill noainGlHging equipment, or modify it So it becomes noninGinging. 15. INSOLVENCY. If the Scllcr shall become insolvent or bankrupt, make un asignmcnl for the bcnclit Of crcdimrs, appoint u wo i,er or trustee Ivor any I' tire Scllcr property or business, this order may Forthwith be canceled by nlie Purchase,, irhoul liability. IG. GOVERNING LAW. The definitima, uficrnu used or the inwryrctatimr ofthc agrtcment and the right,of all panics hcrcundcr shall be coustrucd under amd governed by the laws in rise State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including ncc scn'ice, of Scllcr R,pn•.acnlmi, e(S . on the pwmiss ofother. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry us, Said work ur Scllch own risk until the Sum. is fully eongticwd and accepted, and Shall, in case of any accident, dowclian or injury to the work and/or materials below Sellers find contplenot and acceptance, complete the work at Seller's own cxpvnsc and to the Satisfaction of the Purchaser. \Vhell materials and equipment are muddled by others for installation or erection by the Seller, the Seller Shull receive, unload, store and handle vac ut the sia and become responsible therefor as though such mweriols and/or equipment were being furnished by the Seller under the order. 18. INSURANCE The Seller shall, at his ova cxpea... provide for the payment of workers compensation, including Occupational or..... benefits, is, its employees employed On or in connection with the work covered by this purchase older, and/or to Ihcir rlopenJcmS in uccurdunce is hit the Loss of the Strate in which the work is to be done. 'file Seller Shull also cony eontptchensi Sac general liabi lily including, but not limiwd is, corer tucoal and automobile public liability insurance with bodily injury and dcuth limits of ut least S300,000 for any One person, S500,000 for any .no accident and property damage limit per accident of S300,000. The Seller shall likewise require his contractors, if elly, m provide fin such compensation .,,it insurance Before any ofill, Scllcr, or hi, contractor cmplopoes shill du mry wurk upua nco pensisesof mhcrs, the Scllcr shall furnish the Purchaser with a ccnificaw that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expi,e,.'I']so Scllcr agrees dot such compcn.r .. and insumnec null be ors mined until aria the entire work is completed and accepted. 19. PROIECI']ON AGAI NS T ACCIDENTS AND DAMAGES. The Seller hereby assunues the entire wsponSlbility and liability for any and all damage, loss or injury of any kind or nacre whosoer.r to person or property caused by or resulting from the execution of the work prm'idcd for in this purchase order or in connection herewith. The Seller will indemnify and hold hannles the Purchaser and any r alp of tic flowliosen ulliccr, agens and employees from and against any and all claims, pusses, damages. clurgo, or expense., whether direct Or indirect, and whether to persons or property to which ncc Purchaser Lary be put or Subject by wason of ally net, action, neglect, umission or Jefuulr On [lie pun of the Seller, ally Of his contractor, or any of the Sellers or contractors ulliecn, agents or employees. In case tiny suit or other proceeding. Shall be brought against le Purchaser, or its ofliccn, agents or employees at any lime off account or by reason of any act, action, neglect, ouission or default of the Seller of any Of his comructon Err any of its Or tow Olken, agents or employs, as aforesaid, the Seller hereby agrees to asSumc the defense thercw':otd to dclend tine Sane at (lie S,Ilcr own expense, to pay tiny and all costs, charges, umormcys five., and other expanses, any and all judgments that any be incurred by or obtained against the Purchaser or any of in or their Oniccrs, agents or employees in Such suits or other lou"cdings, and in case judgment tar other lien be placed upon or .m,ind against the pmpcny ,I tic Purchaser. or said panics in or us a result or such suits or other pneeedings, the Seller will at Once cause the same to be or.... ed and di,chargcd by giving bond or se. 'File Scllcr and his contractors Shill take ill sue y precautions, furnish and instill all guards accessary Ivor the pnxention of accidents, comply with all Imes and regulations with regard to Safety including, but without limitation, the Occupational Safety and I Iculth Act o1' 1970 and all rules and regulations issued pursuant Iherxro. Revised 03/2010