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HomeMy WebLinkAbout102586 SPRADLEY BARR FORD INC - PURCHASE ORDER - 9122444PURCHASE ORDER PO Number Page City OfCollins ��� 9122444 ' of z ' `t Coll` I n �+ This number must appear �7 on all invoices, packing slips and labels. Date: 04/26/2012 Vendor: 102586 Ship To: FLEET SERVICES - MAIN SHOP SPRADLEY BARR FORD INC CITY OF FORT COLLINS PO BOX 270710 835 WOOD ST FORT COLLINS Colorado 80527-0710 FORT COLLINS Colorado 80521 Delivery Date: 04/26/2012 Buyer: JAMES HUME Note: 2012A lease purchase Line Description Quantity Ordered UOM Unit Price Extended Price 2012 Ford Fusion Hybrid 1 LOT EA 26,873.00 per 11-29-11 quote Attn: Paul Phillips Dept: Investigations Fleet ID: QA494 Deliver vehicle & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins 221-6613 Total $26,873.00 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 PHI -chase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fort Collins is exempt fmm stile and local taxes. One Exemption Numbcr is 11. NONWAIVER. 98-04502. Federal E.xeise Tax Exemption Certificate of Registry 94-601710587 is ecgissered With the Collector of Failure of the Purchaser to insist upon strict performance of the Isms and conditions hereof, failure or dclav to federated Rewenue, Denver, Coln ado (Ref. Colorado Revised Stamtcs 1973. Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by Iaat failure to pmnmtly nntifv the Seller in the event of a breach, the acceptance ofar payment for goods hereunder or approval ofshc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, Cuba when shipped car disc m dcfccts of any of the W..file, or obligations of this Purchase order and shall not be dermal a waiver of any right of she damage in transit, may he rctumed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict perfomancc hereofrer any of its rights or remedies as to anv such grads, regardless instruction, fears, the City Of Fort Collins. Of when shipped, received or accepted. as to any prim or subsequent default heramder, nor shall any purported Orel modification or rescission of this purchase carder by the Purchaser operate as a waiver of any of the more; Inspection. GOODS arc subject to the City of Fort 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 Fort Collins. Howcvcr, it is to be understood that FINAL Seller and the Purchaser rcc.gmue Ihot in actual economic practice. overcharges resulting from Tntimts, ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Thcremfnm, for grad 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 Teats. Shipments must he F.O.B., City of Fort Collins, 700 Wood St.. Fen Collins, CO 80522. unless acquired under federal or state antitntst laws free such overcharges relating to the particular goods or services otherwise specified can this order. If permission is given to prepay freight and charge septimtely, the Original freight purchased car acquired by she Purchaser purse m t to this purchase Order. hill 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 parts of the emmtry, 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 Puuhaser and the Seller, and the Seller thereafter indicates its inability m rmwilhagr ess to comply, the Purchaser shipments are made fmm greater distance. may cause the work to be performed by the most expeditious means mailable to it, and the Scllcr shall pay all casts aaecimed with such work. Peonies. Seller shall procure at sellers sole cost all necessary pcmnits, ecnifucatcs and licenses required by all applicable laws, regulations, ordinances and roles of the state municipality. territory or political sulxlivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller forl agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, mizakesions, ordinances. rules and ecquimuseu e. Authorii,i icn. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind slid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance In the Isms Tied conditions sorted herein set forth and any supplementary or additional toms and conditions annexed hercm or incorpnmscd herein by rdcreftcc. Any additional or different terns and conditions proposed by sdlcram objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedia(ch if you cannot make complete shipment to arrive can your Promised dclivay date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase Order and the documents attached hereto. No it, of the Purchasers including, without limitation, acceptance ofpanial late deliveries. shall operate as a waiver Of this provision. In the evens crafty delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order cl.whem and holding the Seller liable for damages. Howcvcr, the Seller shall not be liable for damages as a result of delays disc to causes not reasonably foreseeable which are beyond its reasonable central and without its fault ofnegligcOce. such acts of God. acts of civil Or military authorities, governmental Fronde,, fires, strikes, flood, epidemics, wars ar riots provided that re ice of the conditions causing such delay is given to the Purchascr within five (5) days of the time when the Seller firs) 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 lost by reason of the delay. 3, WARRANTY. The Seller warm, nts that all goods, articles, materials and work covered by this ruder will courant) with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and perforated pith the highest degree of care and competence in accordance with accepted stand:uds for work of a similar meturC. The Seiler agrees to hold the purchaser harmless form any loss, dnmagc or expense which the Purchaser maw suffer or incur on account of tic Scllcrs breach of warmnty.'The Seller shall replace, repair or make good. vwill o d cost to the purchaser, any defects or fruits arising within one (1) year or within such longer period of time as may he prescribed be law or by the terms of any applicable wamnty provided by the Scllcr after the date of acceptance of the gads furnished hereunder (acceptance not to be unseasonably delayed), resulting fmm imperfect or defective work done or materials fitmished by the Seller. Acceptance or use of grads by the Purchaser shall not constitute a ortner efany claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties car guarantees, but such liability shall in no event include Ines of profits or loss refuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make tiny changes to the icons, other than legal toms, including addisiem to or dcictiens from the quantities originally ordered in the specifications or drawings, by rerbnl or "Titter change order. If any such change affects the amount due or the time ofperfommnee hereunder, an equitable adjustment shill be made. h. TERMINATIONS. The Purchaser may as any time by written change order. terminate this agreement as to any or all portions of the goods then net shipped, subject to tiny equitable mrastarent between the parties os to any work or materials then in progress provided that the Purcha.r shall not be liable for any claims for anticipated posits net she ancenrpleted portion of the goods andlor work. for incidental or consequential damages, and that no such ndjn.stment he made in favor of the Seller with respect to any grads which are the Sellers standard stock. No sash termination shall rellcvc the Purchascr or the Seiler of uny of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within (him (30) days from the date the change Or ternounion is caedcred. S. COMPLIANCE WITH LAW. The Seiler warrants 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 are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees m indemnify nod held the Purchaser hamlcss form all costs and damages suffered by the Purchaser as a result of the Scllcrs failure (O comply with such law. 9. ASSIGNMENT. Neither pony shall assign. transfer, or cone this order, or any monies due or to become due hereunder Without she prim written consent of the other parry. 10. TITLE. The Seller wamnss full, clear and unrestricted title to the Purchaser for all equipment, materials. anti items furnished in performance 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 fives the performance ofsuch work, This release shall apply even in the event of f,+alt of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's continental obligations, including is am, ray, shall not be deemed to be reduced, in any way. because such work is performed or caused to be performed by the Purchaser, 14. PATENTS. Whenever the Seller is required to use any design. device, material o, process coverall by letter, patent, trademark or copyright. the SCBer shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by sea can 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 dirge which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In ease said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, al its Lou expense and at its option, either procure for the Pnrchasc, the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall becmt)C insolvent rr hankntps, make an assignment for the benefit of creditors, appoint a receiver or tnmiec for any of the Sellers property or business, this order may forthwith be canceled by the Pambaser without liability. 16. GOVERNING LAW. The deinitions of-tclus used or the imctprc(ation of the agrecnnent and the right%ofill panics hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Scllcr is to perform work hereumder. including the services of Scllcrs Repro entntivc(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Seller's own risk until the same is rally completed and accepted, and shall, in Case of any accident, destruction or injury is, the work endlae materials before Seiler'., final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. %Vhcn materials and equipment arc famished by others for installation or Comfort by the Seller. the Seller .shall receive. unload, store and handle same at the site and bmmoc responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall. at his own expense, pem idc for the payment of workers compensation. including occupational disc..,, benefits. to its employees employed can or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including. bus not limited to, contractual and automobile public liability insurance with bodily injury and death limits of ue (cast 5300.000 for any one person. S500.1po for any one accident and property dmnege limit per accident of S4010,000. The Scllcr shall likewise requim his contractors, if any, to provide for such eompensntion and insurance. Before any of she Sellers or his contractors cmpiryces shall do any Work upon the prcndse%of olhers, the Seller shall fimnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have hcen provided. Such Certificates shall specify the date when .such compensation and in are expirs. The Seller naives Ilml such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. l'he Seller hereby assumes the entire resimnxibility and liability for any and all dnmagc loss or injury of any kind or nature whatarevCe to persons or pmperty caused by or resulting front the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers. agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indireel, and whether to persons or property, to which the Purchaser may be put or subject by reason of any act. action, reglmq omission or default on the pan of the Seiler, any of his contractors, or am, of the Scllcrs or comnclea, officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser. or its nflieers, agents or employees at any time as account in by reason of any act. action, neglect, emission or ddanls of the Seller of any of his contractors or any of its or their oReers, agents or employees as aforesaid, the Seller hereby agrees to as. umc the defense thereof and to defend the same at the Sellere 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 arm of its or their officers, agents or employees in such suits or other proceedings. and in case judgment Or other lien be placed upon or obtained against the pmpcm of the Purchascr. Or said panics in or as a result ofsuch suits or other poceedings, 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 for the prevention of accidents. comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Surmised I Icalth Act Of 1970 mud all ales and regulations issued pursuant thereto. Revised 03/2010