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HomeMy WebLinkAbout173497 SPRADLEY BARR FORD LINCOLN OF GREELEY - PURCHASE ORDER - 9145324PO PURCHASE ORDER 914532er Page CI�/ of PURCHASE 45324 1 of 3 Flirt Collins( his number must packing V`I ` V ` 1 1 on all invoices, packing sli s and labels. Date: 09/15/2014 Vendor: 173497 SPRADLEY BARR FORD LINCOLN OF GREELEY 4901 29TH ST GREELEY CO 80634 Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 09/15/2014 Buyer: DOUG CLAPP Note: state bid replaces unit # 21097 Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Ford Utility 1 LOT LS Police Interceptor (1 ea) as per quote dated 2/5/14from John Wieneke For totaled vehicle # 21097 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 key - $10.00 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:purohasing@fogov.com 26,664.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9145324 2o13 This number must appear on all invoices, packing sli s and labels. Line Description Quantity LION! Unit Price Extended Ordered Price Total = $26,664.00 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 Pay terms net 30 days 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 statute the City of Tom Collins is exempt from state and local taxes. Our Exemption Number a I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenifc'am of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to around Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26,114 (a). exercise any rights or remedies provided herein or by law, failure b promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall Pot release the Seller of Goods Rejected. GOODS REJECTED due m failure a meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be demand a waiver of any right of the damage in transit, may be rebound to you far credit and are not m he reDlazed except upon receipt of wim eo purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless irswctions ft. the City of Fort Collins. of when shipped, received or accepted, as to any prior Or subsequent default hereunder, twr shall any pearponed mal mNificmion or rescission of this purchase order by the Pumha opecete as a waiver of any of the farms Inspection. GOODS art subject o the City of Pon Collins inspection on anlval. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. a.hotsd payment an the pan of the City of Port Collins. However, E is to be understand that FINAL Seller and the Purchaser meander that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection pmoedvres in that borne the Thereof re, for good and m consideration for executing this purchase order, assigns t d all now he Purchaser any and all claims a may now have ,r M1ereaces purchase oNer, the Seller hereby assigns is the Freight Tema. Shipments most h F.O.B., City of To" Collins, Wool St, To" unless such acquired undo federal or cram antitrust laws for such oremhargcs relasing b be particular goods or service Bright otherwise specified on Nis oNer. if peal chro n is given to prepay freight and charge separately, be origirul freight remelt', be igined purchased or acquired by the Purchaser pursuant m this purchase order. bill must azompany invoice. Additional chrgn for packing will not h accepted. Shipment Distance. Where ...at... have dislnbuting points in vanons parts of the country, shipment is expected form the nearest diaributum poi. m destination, and excess freight will be derh ned from Invoice when shiprome are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mt. of the state, municipality, territory, or political subdivision where the work is performed, or required by any other duly comtimmd public authority having jurisdiction over the work of .ardor. Seller further agrees to hold be City of For Colitis harmless from and against all liability and loss incurred by them by reason of an acsened or established violation of any such laws, regulations, ordinances, mles and requirements, Authorization All parties to this contract agree that he representatives arc, in fact, ban. fide and possess full and mplete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits ucreptance to the terms and conditions stated herein set ftrh and any supplementary or additional terms and conditions annexed here[, or ineorporated herein by reference. Any additional or diRerent corms and conditions proposed by seller ate objected b and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive an yow promised delivery date us noted. Time is of the essence. Delivery and performance most be of eeted within the time smmd on be purchase order and the documents attached hereto. No is of the Purchasers including, without Tantalum, Preclusion of partial late deliveries, shall operate as a waiver of this provision. In the eventof any delay, the Purchase shall hove, in udNuion m other Icgnl and equitable comedies, the option oCplecivg this oNer elsewhere and holding she Seller liable fro damages q the Sella shall not be liable for damages as o result of delay due to crises not Pres umably foreseeable whichhich am art beyond its reasonable control and widsom its tepidemnegligence, such acts of Gad, acts of civil a ordinary authorities governments] pnot o th fires, sakes, noon, epidemic, wars or riots provided but notice of the n] tumors coming such delay G given nt the Purehaef within rove delivery days of the lime when the Seller first teethed kwwlcdge ythereof.lost b In the m'em of any such delay, the dew of delivery shall Be evended for she period equal to tha lime actually last by rmaon of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, temples anmof other descriptions given, will be fit for the purposes intended, and performed with the highest degree of rare end 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 Sellers breach of wamnty. The Seller shall replace, repair or make god. without cost to the produc q tray defects or faults arising within one (1) year or within such longer'moil of time as may be muscril'std by law Or by Ne to. of any applicable wartanty provided by the Seller after the date of acceptance of be goads famished hereunder (acceptance not to be unreasonably delayed), resulting from imperf t or defective work done or materials f ished by the Seller Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Execpl . otherwise provided in this purchase oNer, the Sellers liability hereunder shall extend m all damages proximately caused by the breach of any of the foregoing warranties or guarantees, bar such liability shall in no event include fuss of profits or loss Of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes in legal temp by wrinm change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to she tams, other than legal terms, including additions . Or deletions form the quantities originally ordered in be specifications or dmwings, by verbal or written change order. If any such change Pt the.mourt due or the time ofpafonnanoe hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pmcha.a may at any time by warrant change order, terminate this agreement as to any or all portions of the goad then col shipped, subject in any equitable adjustment between the ponies as to any work or materials then in prngrexc Provided Pon the Purebssa shall not be liable for any claims for anticipated profits on the mrmmplemcl portion of the good anmor wok, for incidental or cotlsequemal damages, and that no such adjustment be made in favor of the Seller with respect to any gents which arc the Sellers narbmJ stock. No such termination shall relieve the Purchaser or the Seller of any offleb obligations as to any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any Ore. for adjaatnem man be, assured withi. fir, (30) days from the dam the change ar mrmiummar is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants but all goad sold hereunder stroll Favor been produced, sold, delivered and fumisbr l in strict ompliance, with all applicable laws and regulaions no 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 requited to be inconsonant in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from at I costs and damages suffered by the Purchaser as a result of the Sellers failure b comply with such raw. 9. ASSIGNMENT. Neither party shall assign, trorufeq or Worry this men, or any monies due or to became due hereunder without the prior corium consent ofthe other Part'. 10. TITLE. The Seller warrants full, clear and u.rsNcted title to the Purchaser for all equipment, material,, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, secunry interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchases directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the romancer and the Seller, and the Seller thereafter indicates its inability or wwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available m it, and the Seller shall pay all costs associated with such work. The Scllcr shall mlca¢ the Purchaser and its contractors of any tier from all liability and claims of any nature resulling from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party weekend aml shall extend to the directors, officers and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, material or pmcea covered by Imr, Pmenr. trademark Or copyt,hl, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patenmd design, device, material or process in connection with the contract, rand shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reams of such infringement at any time during the prosecution or after the completion of the work. In esse 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 to continue min, said equipment or pans, replace the same with substantially equal but no unfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If be Seller shall become insolecm or bankrupt make an assignment for the benefit of creditors, appoint a or tmstee fro Pry of the Sellers pmperry an business, this major buy forthwith Is, canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions artiness used or the interpretation of the agreement and the rights of all Patrick hereunder shall be onstmN under and governed by the laws ofthe State ofCol,r.N,, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereundev including the services of Sellers Repeesent itive(s), on the premises of others. U. SELLERS RESPONSIBILITY. The Seller shall race, on said work at Sellers own risk it the same u for, complaed and accepted, and shall, in case of any arcident destruction or injury to the work major materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchuf. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, mlmd, store and handle same at the site and become responsible therefor as though such materials armor equipment - were being famished by the Seller under the order. 18. INSURANCE. The Seller shall,. his own expenu, provide for the payment of workers comperwsian, including overprinted disease benefits, to its employees employed on or in connection with the work covered by this purchase oMer, and/or to their depeMmts yr accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general li roliy including, but not limited to, contractual and automobile public liability insurance with bodily injury and dead, limits of at learn S3 W,000 for any one person, $500,000 for any any ccident end property damage limit per accident Of S400,000, The Seller shall likewise require his contractors, if any, to provide for such compensation and iasurenW. Evil of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall fumush the Purchaser with as venifcate that such compensation and insumnce have been provided. Such certificates shall specify the dam when such compensation and insurance have been provided Such cenifcata shall specify N, date when such compensation and insumnce expires. The Serer agrees but such compensation and imanowe shall be maintained word arm the entire work is completed and i ccrysed. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for mry and all damage, lass or injury of any kind or nature whos lever to persons Or property caused by or resulting from the execution of the work provided for in this purchase oMef or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any of all of be Purchasers cuicers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether Io p vans or Property to which the Pmchser may be put or subject by rmsun of any act action, neglm, omission or default m the pan of be Sciler. any of Its emttmemrs, or any of fie Sellers or oximarmrs officers, agents or employees. In ease any suit m other, pfoceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by Person of any azt action, glen, omission or default of the Seller of any of his contractors or any of its or their Officers, agents or employees as aforesaid, be Seller hereby agrees to assume the defense fermi and to defend the same .1 the Sellers own expense, to pay any am AI cosu, charges, amomcys 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 lim be placed upon or obtained agairut be property of the Purchaser, or said pities in or as is result of such suits or oNer proceedings, be Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall sake all safety precautions, fm¢h and install all guard rucrssery but the p.out of accidents, comply with all laws and regulators with mr,ord m safety including, but without limitation, the Occupational Safetyand Health Act of 1910 and all roles and mgulatiorm issued purses. thereto. Revised 0172014