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HomeMy WebLinkAbout173497 SPRADLEY BARR FORD LINCOLN OF GREELEY - PURCHASE ORDER - 9142479Fort Collins Date: 05/02/2014 PURCHASE ORDER Vendor: 173497 SPRADLEY BARR FORD LINCOLN OF GREELEY 4901 29TH ST GREELEY CO 80634 PO Number Page 9142479 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: 05/02/2014 Buyer: DOUG CLAPP Note: 2014A Lease Purchase state bid/ quote Replace units: 21048,11076,11067,11038, 1107,21019, 11053, 21052, 11082, 11017, 11068,11044,11032,11006,21030, Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Ford Utility Police 1 LOT EA 399,960.00 Interceptor AWD - qty (15) as per quote dated 2/5/14 from John Wieneke base package K8A preferred equipment package500A engine block heater reverse sensing remote keyless entry key fob w/o key pad heated sideview mirrors rear power window delete Hidden door lock plunger/ Rear door handleinoperable Driver only LEd spot lamp Dark car feature Red/White Dome lamp in cargo area front license plate bracket noise suppression bonds sub -total = $26,654.00 1 additional kev - S10.00 P14 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9142479 2of3 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Total each - $26,664.00 15 units = $399,960.00 Dept: Police Deliver vehicles and title documents to: Fleet Services Shop 906 W. Vine Fort Collins, CO 80521 Contact: Ian or Eric ph# 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@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 1. COMMERCIAL DETAILS. Tax exemptions. ❑y statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98 04502, Ordered Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colomt Revised Starnes 1973. Chapter 39 26,114 fim. Good Rejected. GOODS REJECTED due to failure as meet specifiations, either when shipped or due to defects of damage in transit, may be retumal m you for credit and are not to be replied except upon receipt of written immuctions from the City of Fort Coll Ins, Inspection. GOODS are subject to the City of Fan Collins inspection on arrival, Final Acceptance. Receipt of the merehmdiu, savires or equipment in respome to tfds offer con.n result ice authorised payment W the pan of toe City of ran Collins. However, it is ro be tr demod flat FINAL ACCEPTANCE. is dependent upon completion of all applicable required impaction procalures. Freight Terns. Shipments must be ERR., City of Fan Collins, 700 Wood St, port Collins, CO 80522, unless otherwise speci Bird on this order. If pernossitn is given to prepay Geight and charge separately, list colons] freight Fall must accompany im'oice. AJdain al charges for packing will not be accepted. Shipment Distance. Where nmnufactutrrs have distributing Points in various pats of He country, shipment is expected fear the nartsa distribution point to distinction, and excess freight will be deducted farm Invoice when shipments art made from greaer distance. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly nmstitnsed public authority having Jurisdiction over the work of vendor. Seller further agrees to hold the City of Pan Collins harmless from, and against all liability and loss andurrd by them by reason of an asserted or established violation of any such laws, mgulations, ordinances, rates requirements. Authorization. All panics to this contract agree that the representatives are, in far,. trams. side and possess full sad complete ordinary a bind said parties. LIMITATION Or TERMS. Tbis Purclmse Order expressly limits acceptunee m the tents and conditions stated herein set forth and any supplementary or addition,] aeons rod conditions annexed hereto or ism,qu rmcd herein by rekrerer. Any additional or did meal tams and conditions proposed by seller arc objected to and hereby oJemal. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediamly Hymn cannon make complete shipment to arrive on yam promised delivery, date as noted. Time is of the essence. Delivery and Performance must be elected within the time stated on the purchase order nod the documents attached hereto. No acts of the Purchasers including, without sanitarian, acceptance of partial late deliveries, shad el enne as a waiver of this provision. In the event of any delay, the Purchaser shill have, in addition to other legal and equitable remedies, the option ofplachug this order elsewhere and holding she Sale, liable for d magma However, the Seller shall or be, liable for damages . a result of delays due to wows not reassembly foreseeable wMcle art beyond its rrammble control and without as fault of negligence, such acts of Gad, cars of civil or military amlcamies, governmental Franchise, fires, strikes, rood, epidemics, 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 Set let ran received knowledge thereof. In the event of any such delny, the dam of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, marla. mamriak and work covered by this order will confoam with applicable drawings, specifwsiom, samples ands. doer descriptions given will be Bit for the purpates intended, coal performed with the highest degree of can and competence in structure with azeeprd standards for week of a similar mere. The Seller agrees to hold the purchaser harmless farm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach uncouthly. The Seller shall apace, repair .,make Pascal, without cast to the purchase, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms pretty applicable warranty provided by the Sella after the date of acceptance of the goods Famished hereunder (azeeptance, not to W unramnably delayed), resulting from imperfect or defective work done or materials fmnishal by she Seller. Acceptance or use of goods by she Purehaur shall ant commune a waiver of any claim under this worm yr Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to at I damages proximately caused by she breach of any of the foregoing weemmies or guarantees, but such liabil Isy, shall in no event include less of profts or loss of use. NO IMPLIED WARRANTY OR MERCHANI'ABILH'Y OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes so legal terms by wrinen change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any, change to the worm, other than legal ware, including additions to or deletions farm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfnnmsa hereunder, an equitable adjostment shall be made, 6. TERMINATIONS. The Purchaser may at my time by wrinen change rather. terminate this agreement as to any or all Ionians of the goods then not shipped, subject to my equitable adjustment between the panic as to any work or materials then in prolpess provided has the Purniam, shall nor be liable far any lairs far -awai and profits on the uanompletd portion of the goods and/or work, for incidental or corsuyuemial damages, and that no such adjustment her made in favor of the Sella with respect to any goods which are the Sellers smndaff stock. No such teamire ian shall relieve the Purchaser or the Seller of any ofthelr obligations ear to any goods delivered hereunder, y. CLAIMS FOR ADJUSTMENT. Any claim for adjusmenr must be assured within shirty (30) days from the too the change at transactions is ordered 8. COMPLIANCE WITH LAW. The Seller warms shut ail goods sold hereunder, shall have been produced, sold, delivered and fumisaal in mind compliance with all applicable laws and regulations to which the goads arc subjet. The Seller shall execute and deliver such documents as may be required to a@et or evidence compliance. All laws and regulations required to be pporms rated in agreements of this character are hereby incoryorated herein by this remaree. The Seller agrees m indemnify and hold the Purchaser hasmleas farm all case and dammm o fared by the Purchaser, ns a meals of she Sellers fail.. to comply with such law. 9. ASSIGNMENT. Neither party shall assign, monster, or convey this order, or any monies due or to become due hereunder without the prior written consent ofshe other any, 10. TITLE. The Seller warfare, full, clear and unremicted title to she Purchaser for all repairman, rmtmak, and if. fumishd in pelf a of shis agreement Box, and clear of any tend all fie, rrstriamers, eeunndom, security interest mclmbmncm and claims arofeers. 11. NONWAIVER. Failure of flue Purchaser to insist upon strict performance of the terms and mrditions hereof, failure or delay to exercise any rights or movies provided herein or by law, failure to promptly notify the Seller in the mint are breach, the accepsmce or. poymcul for good hereunder or approval offer, design, shall not relase the Seller of any of the economics or obligmloas of this purchase order and shall ant be deemed a waiver of any right of the purchaser or insist upon strict performance hereof or any of as rights or remedies ses to my such gaud, regardless of when shipped, received or accepted, as are any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase offer by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Precancel rampais that in actual a us is practice, overcharges resulting boom antitrust violations are in fact home by the Purchases. Theremfore fargoodalnx and as comitretion for executing this purchase mu she Seller hereby assign m the Purchaser any and all claims is may now have or hereafter acquired under federal or state contact laws For such overcharges mind, to the particular goods or services purchased or acquired by the Purchaser pursuant o this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser diretts the Seller to correct nonconforming or defective goods by a date W be agreed upon by the Purchaser and she Seller and fee Seller thereafter indicates its inability or unwillingness so comply, the Purchaser may cause fee work m fa perfomd by the mast expeditious ream available to it, and the Seller shall pay all rose assacioted with such work. "I he Seller shall release the Purcbase, mnl its contractors of any tier from all liability end claims of any nature resulting from the perl'ornaoce oF,.ch work. This release shall apply even in she event of fault of negligence of the parry released trial shall extend to the direetoes, omrers sad employees ofsrrh Early. The Seller's commcuzl obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by fee Purchaser. 14. PATENTS. Whenever the Seller is required 1. use any design, device, mmenel or process covered by lever, patem, rmdemadr r copyright, she Seller shall indemnify and save harmless the Fumaaser farm may and ell claims for infringement by mason of she use of such practical design, deice, material or process in correction with she contract, and shall indemnify the Purchaser for any cost, extreme or damage which it may be obliged 10 Pay by examn pfsurh infringement at any time during Ire prosecution or after the completion of the work. In case said equipment, or icy all thereof of she intended use of she goods, is in such snit held 10 conslimm infrints,am rod she use of sold equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or Pons, replace the same with substantially appeal but noninfringlug equipment, or modify it so it Farmers noninGnging. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for she benefit of creditors, appoial a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser wither, liabiliy. 16. GOVERNING LAW. The defnitiooa of wools used or the intaprelalian offer agreement and she rights of all Panics hereunder shall be comuued under and govemcd by she laws of the State of Colorado, USA. The fallowing Additional Conditions apply only in where the Seller is to perform work hereunder, including she services of Sellers Representatives), on thepromises crashers. II. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's awn risk until the same is fully completed and accepted and shell, in sou of any accident, destruction or injury to she wart saii m,wriak before Sellers final completion and acceptance, complete she weak at Sellers own expense and to she satisfaction of Ur, Purchaser. When materials and equipment are furnished by offers for simulation or erection by the Seller, the Seller shall receive, unload, store and hurdle same at the site and become respectable therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expetsse, provide for the payment of workers compensetim, including occupmionel disease benefits, to its employees employe oa or in connection with she work coveted by this p.m order, mYor to their dependents In accordance with the laws of the sure In which the work is so be done. The Seller shall also carry comprehensive general liability including, but not limited le, contractors and automobile public litiladay insomnce with bodily injury and death limits ofat least S30J,000 for any one person, $500,000 for any accident and property damage limit per xcrident of $400,000. The Seller shall likewise require his contractors, i[any, to provide for such compensation and appears, Before any ofthe Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish she Purchuser wife a certificate that such compensation and insurance have been provided. Such certificates, shall specify she date when such wmprssation and insurance have been provided. Such renifiwses most specify the too what such compensation and insurance expires. The Seller agrees that such mmperamtion and insurance shall be mainminal mail offer the entire wok is mmplmN and nceepted 14. PROTF. PION AGAINST ACCIDENTS AND DAMAGES. I he Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to papers or property caused by or resullingfmm the execution of be work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold hmmlea fee Purchaser and any . all of the Purchasers officers, .gene and employees farm and against any and all claims, losses, damogce, charges or expenses, whether direct or musical, and whether to persons or property to which she Purchaser may be put or subject by season of any act, azfan, neglect, omission or default on she pan of the Seller, any of his contractors, or any of the Sellers or contractors oRcas, agents or employees. In ase any suit or .her proceedings shall be brought against the Purchaser, or its affects, agents or employees at any time on protons or by reason of any act, action, neglect omission or default of the Seller of my of his contactors or any of its or (heir oitcers, agents or employees as aforesaid, fee Seller hereby agrees se, assume the defense thereof and to defend the same at the Seven own expense, to coy any and col case. chagm, mmmeys fees and othe, expenses, my and all Judgments that may, ha incurred by or obtained against the Purchaser. my i f its or their officers, agents or employees in such suits or other proceedings, and in ace judgment or other lien be placed upon or obtained against line property of the 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 bond or otherwise. The Seller and his containers shall sake all safety Jape ulions, famish and i.tall all guards necessary for the prevention of accidents, comply with all laws and regulations wish regard to safety mcluding, but without limimtion, the Oceupaliowl Safety and Hanish Act of 1970 and all roles and regulation issued Pursuant thereto. Revised 03=0