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HomeMy WebLinkAbout476050 HIGH COUNTRY H-D / BUELL - PURCHASE ORDER - 9121545 (2)PURCHASE ORDER PO Number Page City OfCollins ��� 9121545 1 of s `t Coll` I n d+ This number must appear �7 on all invoices, packing slips and labels. Date: 04/2612012 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 N ote: Line Description Quantity Ordered UOM Unit Price Extended Price 1 2012 FLHTP per Quote 1 LOT LS 11,577.59 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 11,008.72 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 10,903.72 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. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 PO Number Page C117/ of PURCHASE 9121545 z of s `t Collins 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 1 LOT Total $33,490.03 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 Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS Tax cxcmptmai. HY statute the City of Fon Collins is exempt from stye and local tuxes. Our Exemption Number is 11. NON WAIVER. 98-04501 Federal Excise Tax Exemption Cer ificale of Registry 84-6000587 is registered with the Collector of peilurc of the Purchaser to insist upon strict pert nnanue of the tames and conch buns hemol: failure or delay to Immmwl Revenue, Deaver. Colorado (lief Colorado Revised Staotes 1973, Chapter 39-26, 114 (a). exercise any rights or rcnedic, pro, Wed herein or by law, failure to promptly notify the Seller in the event of a breach, the le,ep ,me, of ur payment to, ..its hereunder or approval of Env design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to luiln, to meet ,p,eifi,aamns, either alien shipped or due to delects of any ol'the warmntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be emned to you fur credit and are not to be replaced except upon receipt of wfitca purchaser to insist upon strict pedormunce hervfm any Of is rights or rcmcdics a, m any such goods, regardless instructions front the City of Eon Collins of when shipped, racived ur accepted, as b) any prior or subsequent default hereunder, nor shall any patrolled in I nmdilicdtion or ..scission of this purchase order by the Purchaser operate as a WalYcr ofaly of the terns In,pecumn. GOODS am ub,v, in the City of Fun Collins inspection on arrival. hcrcol: Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENTOF ANTITRUST' CLAIMS. authorized payment on the pan of The City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitmo ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violutinn x are in fact borne by the Purchaser. Therml'orc, for good cause and as consideration for executing this purcltuse order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Toms. Shipments must be F.O.H., City of Fort Collins, 700 Wood St., Pun Collins, CO 80522, unless acquired under federal or state antirnst laws for such uvcrchurges relating to the panicular goods or services Otherwise specified on this order. If pemtiwon 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 lot packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing pains in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a Jane to be ugreed upon by the expected from the nearest distribution point to destirroun ,and access freight will be deducted from Invoice when Purchaw, and the Seller, and the Seller thereafter indicates is inability or unwillingness to conhply, the Purchaser shipments are made from greater distance. may erase the work to be performed by the nuns ,xpcdilimus mews mviiable to it, and the Seller shall pay all costs associated with such work. Patois. Seller shall procure at sellers sale cost all nao,ary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory to political subdivision where the ,.rk is perfomed, 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 harmless from and against oil liability and loss incurred by them by reason of an assured or established violation of any such laws. rcgulutions, ordinances, mks and requirements. Authnimhon. All panics to this contract agree that the representatives are, it, tan, bona lids 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 harms and conditions annexed hereto or incorporated herein by reference. Any additional or diflemin tarns and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ol'the essence. Delivery and lien forn..nee nmsl be ckewd within the time stated on the purchase order and the dreunems attached hereto. No acts of the Purchasers including, without linliaton, acceptance of paniul lute deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchawr,lall have, in additiva to other legal and equitable rcmcdics, the option ufphming this order elsewhere and holding the Seller liable tar damages. IfOwcrcr, the Scllcr shall nor be liable for damages as a result of delays due to causes nor reasonably forcsc,able which am beyond is reasonable control and without its $'suit ofnegligene, such acts of God, ace ofcivil or military authorities, govemmenml priorities, firms, svikes, flood, epidemic,, wan or rhos provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fist received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the tine actually lust by resort of the delay. 3. WARRANTY. '1 he Seller warrants that all good,, imicles, anterias and work covered by this order will confornn with applicable drawings, specifications, samples and/or other descriptions given, will be nil for the purposes intended, and perfmmcd with the highest degree Of cure and competence in accordance with accepted standards for wok of u ,imilur nature. The Scllcr agrees m hold the purchaser harmless from any loss, danwgc or expense which the Purchaser may suflir or incur on account rf Iho Sellers breach of warranty. The Seller shall replace, repair or hake good. without cost to the purchaser, any defects or fouls arising within one (p year or within such longer period of tittle as n.ay be pr,wribcd by law or by the terns of illy applicable wamenry provided by the Seller after the date Of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or deli vine work done or materials punished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under thi, watmnty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by It, breach of any of the foregoing warranties or goamnees, but such liability shall in no event include loss ofpro$its or lass of use. NO IMPLIED WARRANTY OR MERCHANT ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Purehawr nay nuke changes to legal terms by written change ome, 5. CHANGES IN COMMERCIAL TERMS. '1hc Pumhaser may rake any changes to the terns, other than legal terns, including additions to Or deletions tram the quantities originally ordered in the specification, or drawings, by verbal or written change order. If any such change Burrs the mnuunt due or the time ofperfurmance hereunder, an equitable adjustment shall be node. 6.'1'F.RM INAT'IONS. 'I he Purchaser may at any time by written change order, terminate this ugnecmcnt as to any or all portions of the goods then not shipped, subject to any equitable adjustment bcnacn the panics as to any work or materials then in prugry provided that the Purchaser shall nun be liable for any claims nor anlicipmed realm, .,I the u nquered pinion of the goods and/or work, for incieh nal or consequential damages, and that no such adjustment be made in Ihvur of the Seller with rspct m any goods which are the Scllcrs standard stock. No such wrnlnotion shall relieve the Pumhawr Or the Seller fany ofdnci, obligations as to any odds delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any lain, for adjusment nw,l be usscned within thirty (30) days from the doe the change or termination is ordered. H. COMPLIANCE WITH LAW. 1'he Seller wum ns thar all good, sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable law, and regulations m which the .its are object. 1'tie Seller shall u,"at, and deliver such documents us may be required m effect or evidence compliance. All laws and regulations required to be incorporated in agr,naaas of this cl uracer are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harndess Iiom all costs and damages sleflered by the Purchaser as a result Of rh, Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall a,sign, tmmfer, or convey this order, or any monies due or to become due hereunder without the prior wrinen consent of the other pray. 10. TITLE. The Seller surmount, full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in pcdummnec of this ugo,cl ...nt. lice and clear of any and all liens, restrictions, reservations security interest encumbrances and claims of others. 'file Seller still release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting Orion the perfor once ofwelt work. 'This release shall apply even in the event .1 Bait of negligence of the puny released and shall extend to the director, ulliccn and employees of such puny. The Seller's contractual obligations, including warranty, shall not be divined to be reduced, in any way, because such work is performed or caused m be performed by the Purchaser. 14, PAT 'ENT S. Whcncccr the Seller is required to use any design, device, material or process covered by lance, patent, trademark ur copyright, the Scllcr shall indemnify and save harmless the Purchaser from any and all Claims for inliing.n.ent by reason of the use of such patented design, device, material or process is connection with the contract, and ,'hall indenalify the Purchaser for any cost, expense or danwgc which it nnay be obliged to pay by reason of such iuliing,lent at any time during the prosecution or Mier the completion of th, work. In case said equipment, or any part then..l' or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pun is enjoined, the Seller slwll, at is own expanse and at is option, either procure for the Purchaser the right to continue using said equipment or pans, replace the snow with substantially equal but noninliinging equipment. or n.odify it w it becomes noninliinging. 15. INSOLVENCY. If the Seller shall become inwl,ent or bankrupt, make an aslignnem for the bereil of creditors, appoint a receiver or malice for any of the Sellers property or busincse, this order may fonlnwilh be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dclinilions of terms used or the interpretation ufthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws uflhe State of Colorado, USA. the fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Represenudiv,tsk on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. 'I Lc Scllcr stall carry on said work el 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 material, behm, Scll,e, final completion and acceptance, complete the work nt Seller's ,Oil expense and to the satisfaction of the Purchaser. When materials and equipment are tarnished by others fur installation or cration by the Seller, the Seller shall receive, unload, stare and bunch, sane at the site and bee to responsible therefor as though such natcrias and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workcs compensation, including occupational disease benefits, to it, c... ploycc, employed rat or in connection with the work covered by this purchase order, and/or is, their dc'pcodcas in accordance with the laws of the state in which the work is to be date. The Seller shall :dso carry wnnpichcnsive general liability including, but not limited to, eoolra,mul toad nufomobile public liability insurance with bodily injury and death limits of at last 5300,000 for any one person, S500,000 for any One accident and property damage limit per accident of S400,000. "file Scllcr shill likewise require his contractors, if any, to provide for such caupensutiun and insurance. Before any ofthc Scllcrs or his contractors cmployccs shall do any work upon the promises ofothcrs, the Seller shall famish the Purhawr with a eenllicate .it., such compensation and insurance have been provided. Such certificates shall specify the date when such connpensulion and insurance have beca pmvidcd. Such ceniliczres shall specify the date when such componsation and insuranee,xpirxn.'IIw Seller ugrc„ that such compensation and insurance ,hall be raainain,d until fie,th, ensile 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 ofuny kind or naure whatsoever to parsons or property caused by or resulting fmm the execution of the work provided for in this purchase md.r, or in connection herewll6.'I'lie Seller will indsnnlfy and bold harmless lac Purchaser and any or all of the I'mchascn ulliccn, agents and vugduyce, Gam .,,it against any and all claims, losses, damages, charges or expeller, whoh.r direct or indirect. and whether to persons or pmp,ny III which the Purchaser may be put or subject by reason of any act, action, neglect. Omission or default un the pun Or the Seller, illy of his contractors, or any of the Scllcrs ur COI racwn officers, .gents in cmployccs. In cu any suit or other proceedings dell be brought ugainst the Purchaser, or its o0ices, ugens m cmployccs atany time col account or by reason of any act, action, neglect, omission or delaut of lI , S.Iler of any of his contractors or any of its or their affects, agents or cmployccs as aforesaid live Seller hereby agrees to assume the defense thereof and to delend the same ut the Scllen ow expense, to pay any ..,it all toss, charge,, attorney, fees and other expenxs, any and all judgnenls that may be incumd by or obtained against the Purchaser Or any at its or their collects. agents or cmployccs in such suits or other proceedings, and in caw judgment or other lien be placed upon or Obtained against the property of the Purchaser, or said parties in or as a result Ofsuch suits or other proceedings, the Seller will al once came the same to be dissolved and discharged by giving bond Or otherwise. The Seller and hi, coaradun shall take all safety precautions, furnish and install all guards necessary for the prevention of accident,, comply with all law, and regalaliuns with regard to safety including, but without limitation, the Occupational Safty and Health Act of 1970 and all rules and regulations issued pursuant theme, Itcviwd 0312010