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HomeMy WebLinkAbout102564 DELLENBACH MOTORS - PURCHASE ORDER - 9122530PURCHASE ORDER PO Number Page City Of 9122530 1 of z ' `t Collins This number must appear 1 ' on all invoices, packing slips and labels. Date: 04/30/2012 Vendor: 102564 Ship To: FLEET SERVICES - MAIN SHOP DELLENBACH MOTORS CITY OF FORT COLLINS 3131 S COLLEGE AVE 835 WOOD ST FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80521 I� b ��,T� - o ►, s, hLVAJ Delivery Date: 04/30/2012 Buyer: JAMES HUME Note: 2012A lease purchase 21029, 11010, 11025, 11080, 11022, 11047, 11002, 11019, 11036 replacements Line Description Quantity UOM Unit Price Extended Ordered Price 1 9 - Caprice 4 door sedan 1 LOT EA 245,052.00 Police patrol vehicle per quote dated 9-16-11, Attn: Ron Heusinkveld Dept: Police All vehicles white with black interiors. Deliver vehicles & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins 221-6613 2 9 - 3rd keys (one for each) 1 LOT EA 585.00 Total $245,637.00 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 II, 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 Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. Be statmc the City of Fort Collins is exempt frem state and local taxis. Our Exemption Numhcr is 11. NONWAI VER. 98-0W502. Federal Excise Tax Exemption Certificate of Registry R4-6000517 is registered with the Collector of Failure ofthe Purchaser to insist upon strict Performance of the terms and conditions ThereoThereoThereof.faihue or delay to Internal Revenue, Denver. Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-_26. 114 (a). exercise any rights or remedies provided hcrcin or by lain, failure to remind, notify the seller in the event of a breach, the ncreplance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goals Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or doe to defects of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver Of any right of the damage in transit. may be returned to you for credit and are not to be replaced except upon ogee ipt of written purchaser to insist upon strict perfrminucc hereof or any of its rights or rcnmdies ss many such goods, regardless instructions from the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pagmrtcd end modification or rescission of this purchase order by the Purchaser operate as a waiter of any of the terms Inspection. GOODS arc subject to the City of Fm Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENTOF ANTITRUST CLAIMS. anthorized Payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic France. overcharges resulting front antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmcedurcs. violations are in fact borne by the Purchnscr. Theretofore, for good cause and as consideration for executing this purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may no" have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins. 700 Wood St. Fort Collins, CO 90522, unless acquired under federal or state antitrust lat%s for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to pmpay 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 not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mamtfietunrs have distributing Points in various parts Of the country, shipment is If the Purchaser directs the Seiler to correct nonconforming Or defective goods bye 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 Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater distance. may cause the work In he performed by the most expeditious means mailable to it. and the Seller shall pay all costs associated with such work. Permits Seller .shall pmeure at wilcm sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ardinanccs and mlcs of the state, municipality, temtory or political subdivision where the work is perform d. or required by any other duly constituted public authority having jurisdiction over the work of vcodnr. Scllcr further agrees to hold the City of Too Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted Or established winlation of any such laws, regulations, Ordinances, miles and requirements. Aothorea lion. All panics to This contract agree that the representatives ore. in fact, been fide and posse,, full mill complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated hercin set forth and any sarplcmenmry, m additional terns and conditions annexed hcrcin or incorporated hcrcin by reference. Any additional or different Icmts and conditions pmposed by'seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your premised delivery date as anted. 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, wiihom limitation, acceptance ofpanial late deliveries. shall operate as a waiver of this prevision. In the event of env delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option nfplacing this order elsewhere and holding the Seller liable for damages. Homever, the Seller shall net be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its felt of negligence, such acts Of God, acts of civil or military anhoritics, governmental Twenties, Ems, strikes, flood, c,oden ics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seiler first received knowledge thereof In the event ofany such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthc delay. 3.WARRANTY. The Scllcr reactants that all goads. articles, mammals and work covered by this order will conform with applicable drawings, specifications. samples andfor other deseriptions given, will he fit for the purpose intended, and performed with the highest degree of cam 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 wvmaty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I ) y'em or within such longer perind of time as may be prescribed by law or by the terms ofany applicable warranty pmvidcd by the Seller after the date of acceptance ofthe good furnished hereunder (acceptance not to be unreasonably delayed), resulting from innperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a w'.i%cr ofany claim under this warranty. Except as Otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees. but such liability shall in no event include loss of pmfits or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, other than legal terms. including additions to or deletions point the quantities originally ordered in the specifintian, or drawings, by verbal Or written change ender. If any such change affects the amount due Or the time ofperfomance hereunder. an equitable adjustmenl shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all peninre of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or nutterials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfits On the uncompleted portion of the goods andfor word:, far incidental or consequential damages, and that no such adjustment be made in I.,., of the Seller with respect to any goods which ate the Sellers standard stock. No such termination shall relieve the Purchaser err the Seller of any of their obligations as to any good delikemd hcrcumf 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is onlcted. 8. COMPLIANCE WITH LAW. The Seller wnrmnts that all goods sold hereunder shall hart been Produced, sold, delivered and furnished in strict compliance with all applicable has and regulations to which the goods are subject. The SCIiCr 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 to indemnify and hold the Purchaser hnmless from all crisis and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9, ASSIGNMENT. Neither parry shall assign, transfer, or convey this order. cram, monies due at to become due hereunder without the Prior written consent of the other parry. 10. TITLE. The Seller warrants full, dear and unrestricted title to the Purchaser for rill equipment. materials, and items funrished in performance of this agreement, free and clear of any and all liens, restrictions, reservations. security interest encumbrances and claims of mhos. The Seller shall release the Purchaser and its contractor: Of any tier from all liability and claims ofany nature resulting from the perfomance of such work. This release shall apply even in the event of fault of negligence of flue parry released and shall extend to the directors, officers and employees ofsuch parry. The Seller's contraetud ohiigntions, including wamary, shall not he deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENT'S. Whenc, v, the Seller is required In use any design, device, material or process covered by Inter. proem, trademark or copyright the Scllcr 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 nny cost, expense or damage 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, at its own expense and at its option, either procure for the Purchaser the right In continue using said equipment or Pans, replace the same with substantially equal but noninfringing equipment or mndify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assigunient for the henefit of eredimrs, 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. The definitions of toms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be consoled under and governed by'the laws ofthc State of Calmdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services OfSellers Rcpmsentativc(s), on The promises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work rat Sellers own risk until the same is fully completed and aeequcd, and shall. in case of any accident destniction or injury to the work anti/or materials before Seller's final completion and ,acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Pnrchaccr. When materials and equipment arc Funished by Others for installation or erection by the Seller. the Seller shall receive, unload. store and handle some at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the arder. 18. INSURANCE. The Seller shall, at his own expense. provide far the Payment of worker compensation, including Occupational disease benefits, to it nnpinyces employed on or in connection with the work cowered 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 Seiler shall also tarty comprehensive general liability including, but nod limited to. contractual and automobile public liability insvranec with Ims ily more and death limits of m Tenet S304000 for any one Person. S500.000 for any one accident and Property damage limit per nceidem of S400,000. The Seller droll likewise require his courteous, if any, to pmvidc far such comps nenrion and insurance. Before any of the Sellers or his contractors employees shall do pry work upon the premises of others, The Seller shall famish the Purchaser with it certificate that such compensation and insurance have been pmvidcd. 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 expires. The Seller agrees that such compensation and insurance shall be 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 arm all damage, loss or injury ofany kind Or nature n'h.t,mvcr to persons Or pmPerty, caused by or msudting Farm the execution ofthe work pmvidcd for in this pm- mu a order Or in connection herewith. The Seller will indemnify and hold hamdess the Purchnscr and any Or all of The Purchasers officers, agents and employees fmm and against any and all cairns, losses, damages. charges or expenses. whether direct or indirect, and whelhcr to Persons or properly to which the Purchaser omy be put or subject by man un of any act, action. neglect, amis,vion or default on the part of the Seller, any of his contractors. or any of the Sellers or contractors omcem, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, Or its officers, agents or employees rat any time on account or by reason of any act. action, neglect, omission or default of the Seller ofany of his contractors 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 same at the Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any 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 property ofthe Purchaser, or said panics in Or as a result ofsuch suits Or other Proceedings. The Seller will at Once cause the same to be dissolved and discharged by giving bond or Othcmise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with till laws and regulations with regard to safety including, but we illu nt limitation, the Occupational Safety and Ilea Ith Act of 1970 and all rules and regri mimes issued Pursuant Ihercto. Revised 03/2010