HomeMy WebLinkAbout119633 MASEK GOLF CARS OF COLORADO - PURCHASE ORDER - 9142155Fort Collins
Date: 04/16/2014
PURCHASE ORDER
Vendor: 119633
MASEK GOLF CARS OF COLORADO
5345 NEWPORT ST
COMMERCE CITY CO 80022
PO Number Page
9142155 1of3
This number must appear
on all invoices, packing
sli s and labels.
Ship To: FLEET SERVICES - MAIN SHOP
CITY OF FORT COLLINS
835 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 04/16/2014 Buyer: DOUG CLAPP
Note: 2014A Lease Purchase
- ref. Bid #7101 in 2010
Line Description Quantity UOM Unit Price Extended
Ordered Price
Yamaha Electric (73 units) 1 LOT EA 292,584.00
Southridge
2 Yamaha Gas (3 units)
Southridge
3 Yamaha Electric (15 units)
Collindale
4 Yamaha Electric (15 units)
City Park
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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
1 LOT EA
1 LOT EA
1 LOT EA
11,691.00
60,120.00
60,120.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9142155 2of3
This number must appear
on all invoices, packing
sli s and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
s Yamaha Gas (5 units) 1 LOT EA 19,485.00
City Park
r Trade In EZ-GO gas (33 units) 1 LOT EA-48,675.00
various GC's
ref. quote dated 2f7114 -
per John Halbert
Delivery vehicles and paperwork to
appropriate Golf Course.
Contact: Ian or Eric
ph3 970-221-6613
'• please call 24 hours prior to delivery "
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com
Total
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
1. COMMERCIAL DETAILS.
Tax exemptions. By stature the City of Fort Collins is exempt tram stare and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certifince of Registry 84,64400587 is registered with be Collector of
Internal Revenuq Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a).
Goods Rejected. GOODS RFJECfED due to failure to meet spacificatimss, either when shipped or due to defects of
damage in transit, may be renamed to you for credit and are not to be, replaced except upon receipt of written
instructions tram the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, axices or equipment in response to this order con result in
nudmdmd payment on the pan of the City of Too Collins. However, it is to W understand pot FINAL
ACCEPTANCE is depeMeml upon completion oFall applicable squired impaction procedures.
Freight Terms. Shipments must be P.O.B., City of Fun Collins, 700 Wand St., Fort Collins, CO 80522, unless
otherwise specified on this order If pemtissima is given nit prepay freight and charge impunity, the original delgw
bill mmt accompany invoice Additional charges for packing will not be accepted,
Shipment Dieawca Where manufacturers have d¢uibming paints in various pans of the country, shipment is
expensed from the nearest distribution point to destinalion, aM excess freight will be dNuchd ft. Invoice when
shipments are made train Former distance.
Permits. Seller shall procure at sellers sale cast sll necessary permits, cauffirtes and licenses required by all
applicable laws. regulations, ordimmcee and mles of the state, municipality, territory or political subdivision where
the work is pefr meri or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of For Collins females, from suit again, sll liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates
and requirements.
irements.
Auforivation. All parties to this contract agree that the mp e,mandives am, in liet, bona fide and Issuers fall and
complete authority to bind said panics.
LIMITATION OF TERMS. This Plr.Ohase Order expressly limits sccepmna to the temps and conditions noted
herein set forth and my supplementary or additional remts and conditions annexed hereto or Incorpomted herein by
reference. Any additional or different moms and conditions proposed by seller arc objected to and hereby rejssed.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery data as noted. Time is of fe essence. Delivery and performance must be abated within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchaers including, warrant
limitation, acceptance of partial lean deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition m .,be, legal and opmentle remedies, the option ofidwing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages of a result of delays
due to causes not rtawmbly foreseeable which arc beyond its reasonable control and without its fault of negligence,
such aces of Gad, rats ofcivil or military authorities, govemmenml priorities, fires, strikes, Bond, epidemics, wars or
riots provided that notice of the conditions causing such delay is given f the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time calmly lost by reason of the delay.
3. WARRANTY.
The Seller warrants but all goods, articles, materials oral work covered by this order will conform with applicable
drawwgs, spec fications, samples aM/w afar descriptions give, will be fit for the pumoms iwaMesl, and
Performed aids the highest degree of cart and competence in accordance with asuepred standards for work of a
milar more. The Seller agrees to hold the pufchuer hward. from any loss, damage or expense which the
Purchaser may suffer m incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
Food. without cant to the purchaser, any defects or faults wising within one (I) year or within such longer period! of
time as maybe prawn ibi by law or by the terms crony applicable warranty provided by be Seller after the date of
acceptance of the goods famished hereunder incorporate not as be unseasonably delayed), resulting from imperfect
or defective work done or mmerials famished by be Seller. Acceptance or use of good by be Purchaser shall mot
cotutimte a waiver of any claim under this annowaty. Except as otherwise provided in ris purcl ue order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of re foregoing warranties
or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY
OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser tray, make change to legal terms by wdnen change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletion fmm
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If my such
change affects the amount due or the time of pabrammea hacundeq as rIme le adjustment shall be made
6. TERMINATIONS.
The Purchaser may at any time by written change order, mrr bate did s agreement as to any or all pontoon of the
good then not shipped, subject to any equitable adjustment between be parties as to my work or matenals then in
Fragments provided that be Poindexter shall trot be liable for any claims for anticipated prone on the uncomplerM
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with aspect to any goods which are the Sellers standard snuck. No such team...... shall relieve
the Purchaser or the Seller of any of their obligations as le any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment now h asserted within thirty (30) days from the date to change at termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and
deliver such documents m may be required to effect or evidence compliance. All laws and regulations required to be
ncorporanal in agreements of this character are hereby incorporated harem by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all cuts and damages suffered by the Purchaser to a result of be
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without he
prior written consent of the other patty.
10. TITLE.
The Selltt warfare, full, clear and committed title to be Purchaser for all equipment, materials, and items fmished
in partial ce of *is agreement forte and clear of my toss all lien, resoictims, resmafioa' security On.
encumbrances and claims ofofax.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercise any rights or temedies provided herein or by Is failure 10 promptly aunty the Seller in the event of a
breach, the acceptance ofor payment( goods hereunder or appronot be design, shall not release be Seller of
my of the warranties or obligations of this purchase order and shall not be deemed a waiver of my night of the
Purchaser to Eason upon atrlct perforriance hareofor any of its rights or remedies as to any such goods, regardless
of when shipped, received or mceptM, or to my prior or subsequent default heeunder, nor shall any projected
oral modification or rescission of this purchase order by the Purchaser operate u a waiver of my of the terms
hereon.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser mognve slut in mural economic practice, overcharges resulting brainmtirut
violations ate in fact home by the Purchaser. Thausaf ne,nforr good cause and as consideration for exenuting this
pu¢hase order, re Sella hereby assigns to the Purchase my and all claims it may now have m hercdkr
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifre Purchaser dome. the Seller to correct nonconforming or defettive goods by a dare 10 be agreed upon by the
Purchases not the Seller. and the Seller therwRor indicates its inability or unwillingness to comply, the Purchaser
may cause be work to be pert ed by the most expeditious mean available to it, and the Seller shall pay all
corns associated with such work.
The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature
esulling from the performance of such work.
This relo-ue shall apply even in the event of fain, of negligent, of the party released and slat] extend la the
directors, officers and employees ofmch puny.
Ile Sellars commercial obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to M perforated by the Purchaser.
I4, PATENTS.
Whenever the Seller is requird to use any design, device, contain? or process covered by letter, patent, trademark
r copyright the Seller shall indemnify and rave harmless the Purchaser from any aM all claims for wfringement
by reason of the use of such patented design, device, imperial or process in connection wish the commet, and
shall indemnify the Purchaser fm my enst, expense or damage which it may be obliged to Pay by reaon of such
infringement at any time during the prosecution or filer the completion of the work. In case said equipment, or
any pan thereof or the inonded use of the goods, is in such suit held to constimm infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either pracme for the
Purchaser foe right to continue using said equipment or pans, replace the mine with substantially equal but
mounfringwg equipment or modify it m it becomes noninfringing.
15, INSOLVENCY.
If the Seller shall became insolvent car bankrupt, make an assignment for the bereft of creditors, appoint e
meaver or aware 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 terra and or foe w mpronstam ofre agreement and the rights of all Patties hereunder shall h a
wmtmcd under and governed by the laws oftha Sum aColorad, USA.
The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including be services of Sellers Representativard, on be premises archers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on mid work at Seller's own ask until the seine is fully completed and incept d, and shall,
in case of my accident, destruction or injury to the work wall materials before Sellers firal completion and
acceptance, complete the wok or Seller's own expense and to the smilaction of she Purthaur. When mmaials
and equipment are famished by others for inullatlon or erection by be Seller, the Sella shall receive, unload,
store and handle same at the site and become responsible therefor ex though such materials and/or equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his awn expense, provide for the Payment of workers compensation, including mcupatioml
disease benefits, an its employees employed on or in connection with the wok covered by this purchase order,
-Nor to Nair, depeMrnts in mcoNanec with she laws of to sate in which re wok is a be done. The Seller
shall also carry comprehensive general liability including, but not limited to, mntramual and amomobile public
liability insurance with bodily injury and death limits of ar least E30 ," for any one person, 5500,000 for my
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
contractors, if my, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises ofo laws, be Seller shall famish be Purchaser with a c udifiame
but such compensation and inumoce have been provided Such eenificmw shall specify be date when such
ompensation and insurance have bun provided. Such certifintes shall specify be date when such er mperaanion
and ins expires. TM Setter agees that such compenvtion and insnrance shall be maintained until after the
entire work is completed end accepted.
I a. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire rapars hil ity and liability for any and all damage, lass or injury of any kind
or nature whatsoever to Persons or property caused by or resulting fmm the execution of the work provided for in
this purchase order or in connection herewith. The Seller will iMemnify and hold harmless the Purchazer and my
or oil of to Purchaser, officers, agents and employees from and against any nM all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons in property to which the Purchaser nay
be pm or subject by reason of my acr, nation, neglect, omission or default on the Wn of to Seller, any of his
contractors, or any of the Sellers or contractors officer, agents or employees. In case my suit or other
proceedings shall be brought against the Purchaser, or its oRcen, agent or employees at any time on account or
by mason of any ad, action, neglect omission or default of the Seller of any of his contractors or any of its or
their oRcars, agents or employees as ancestral, be Seller hereby agrees to assume the defense therm( and to
defend the some at to Sellers own expense, to foy my and all cants, charges, anameys f and other expeues,
my and all judgment that may be fro mil by Or obanned again, to Purchaser, or my of its or their officers,
agents or employes in soh sum or one, proceedings, and in case judgment or be, lien be placed upon or
obmined against the property, of be Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving band or mherwise. The Sella and
his andramors shall take all safety precautions, famish and install all gaard necessary for the prevention of
accidents, comply with all laws and regulation with regard to safety including, but without limiation, the
Occupational Safety and Hedth Act of 1990 and all rules and regulation issued pursumn therm.
Revised 03n010