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HomeMy WebLinkAbout164781 FORT COLLINS MOTORSPORTS - PURCHASE ORDER - 9145414130 PURCHASE ORDER 914541er Page CClt)/ of PURCHASE 9145414 1 of 3 `t Chis number must appear Collins1 1 on all invoices, packing sli s and labels. Date: 0911812014 Vendor: 164781 FORT COLLINS MOTORSPORTS 1800 SE FRONTAGE RD FORT COLLINS CO 80525 Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 09/18/2014 Buyer: DOUG CLAPP Note Line Description Quantity UOM Unit Price Extended Ordered Price (2) ATV/UTV 1 LOT LS 33,585.58 ref. quote dated 9-2-2014 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 Fort Collins PURCHASE ORDER PO Number Page 9145414 2 of 3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Polaris Ranger XP 900 EPS (1) - $15,199.00 - 2 seater Roof - $500 Windshield - $500 Front brush guard - $230 Rear brushg guard - $150 Rear Window - $300 (1) - $16,199.00 - 4 seater Roof - $500 Windshield - $500 Front brush guard - $230 Rear brushg guard - $150 Rear Window - $300 - freight - $749.58 - assembly - $939.00 - documentation fee - $499.00 Total - $33,585.58 PFA contact: Rick Vander Velde 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tetras and Conditions Page 3 of 3 1. COMSAERCIN,DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state anal local boxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Enteral Revenue, Denver, Colorado (Ref, Colorado Revised Statutes 1923, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects rf damage in transit, may be returned to you for credit and are not to to, replaced except upon receipt of written insmrnions from the City of Fan Collins. Inspection. GOODS are subject to the City ofFour Collins impectlon on arrival. Final Acceptance. Receipt of the merchandise, services or tquipmem in response m this order can rack to authorized paymbut oa the pan of the City of Fon Collins. Ilowever, it v or be understood that FINAL ACCEPTANCE is dependent upon computi., ofail applicable required inspection mocedu es. freight Teat¢. Shipments mot be F.O.B., Ciry of Fan Collins, 700 Wood St, Fort Collins, CO 80522, unless mherwme specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in no m s parts of the c untry, shipment is expected from the nearest on eim todeslimnion, and excess might will be deduced from Invoice whenshipments are made from gorma rcmer divorce. Permits. Seller shall presence at sellers sole cost all necessary permits, renifimtes and licerees required by all applicable taus, regulations, ordinances mad tales of the stare, municipality, territory or Political subdivision where the work is performed, or required by any other duly economical public authority having jurisdiction over the work of mndlm. Seller further agrees 1u held the City of Fort Collins ham lass from and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulmiom, ordinances, tales and requirements. Authonon on All panics to this unction agree that the representatives are, in fact, bona tide and possess full and ..plate authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance no the terms and conditions slated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorPomted herein by reference. Any additional or different erms Pad conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you annm make complete shipment to arrive on your promised delivery dale as rimed. Time is ofthe essence. Delivery and performance an, be equaled within the fire stated on the purchase order and the documents attached hereto. No acts of the Purchasers including wllhord limitation, acceptance ofpanni late deliveries, shall operate as a waiver of flux provision. In the runt of any delay, the Purchaser shall have, in addition to .,her legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages However, the Seller shall not be liable for damages as a result rfdtays due to causes not meaonably Ibresecable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, sunken, flood, epidemics, wars or Hors provided Jul notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller Gat received knowledge thereof. In the event of any such delay, the date of delivery shall be extended fan the pond equal to the time anually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials aid work covered by this order will conform with applicable drawings, specifications, samples and/or aher descnpumes given, will be It far the purposes intruded, and Performed with the highest degree of care and competence in acrordance with accepted sandanrb for work of a miler nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expmne which the Purchaser may sager or incur on account ofthe Sellers breach of waranty. The Seller shall replace, repair or make gm b without best 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 army applicable warranty provided by the Seller after the time of acceptance offs a goods famished hereunder (.,Pont,, not m be unreasonably delayed), resulting from imperfect or defective work done or materials frm¢hed by the Seller. Acceptance or use of goads by the Pubehoser shall not onsntrom is osiver of any claim under this wstrmtty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend m all damages proximately cared by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or has 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 Purchaseray make any changes 10 the raother than legal terms, including ink ilims 1. Urdeletiorss fmm the quantifies originally mrams, other ordered in the specifications or drawings, by verbal or written change order. If any such change aRer, the amount due or the time ofpabwU men hereunder, an equitable adjustment shall be male. 6. TERMINATIONS. The Purchaser may at any time by wain change order, terminate this agreement as to any or all poniom of the goods then Part shipped, subject to any equitable adjustment between the parties as to any work or materials then in Progress prodded that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted ponim, of tha goods an&o, work, fur incidental be movanential damages, and but in such adjustment be made in Iavo, of the Seller with Perfect to any goods which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller of any ofiliar obligations as to any goads delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thins (30) days from the date the change or terninatim is oNe & 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold h—re , shall have been produced sold, delivered ail boosted in snit compliance with all applicable laws and PegWmions to which the goads are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations requital to be ncorporated in agreements of this character are hereby inmryarated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser an a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior written common ofthe other party. 10. TITLE. The Seller warmms full, elere oral umamoted Life to the Purchaser far all equipment materials, end it. Pomished in Performance of this agrtrurcn, ( and clear of any and all liens, restrictions, reservations, aecunry interest anambrenees aed claims ofothers. 11. NON WAIVER. Failure of the Purchaser to insist upon skin performance of the terms and conditions hereof, failure or delay to any rights or remedies provided herein or by law, failure topromptly notify the Sella in the event of a Land. �he acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of dw warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser as insist upon strict performance hereofor any of its rights in remedies an to any such goods, regardless of when shipped, received or accepted, as to my prior or subsequent default hereunde, nor shall any putponed am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Local 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize Jut in actual a obscure.c oure. overcharges resulting firm antitrust violations are in fan Some by the Purchaser. Thcrtmfore�for goad cares, and m consideration for executing this purchase orda, the Seller hereby assigm to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Porch er purswxnt to this purchase enter. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purebmer directs the Seller to torten nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereoper indicates its inability or unwillingness to comply, the Purchaser may came the work to be Performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any Per from all liability and claims of any resure resulting from the Performance ofsuch work. This release shall apply men in the event of Ihult of negligence of the party relensed and shall extend to the directors, officers and employees of such patty. The Sellers cents tual obligations, including warranty, 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 me any design, device, marginal or process covered by lento patent, aadermrk r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for imprisonment by reason of the tau of such pmrnmd design, device, materiel or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may M obliged to gay by reason ofsuch infringement at any time during the prosecution or ape, the completion of the work. In case said equipment, or any pan thereof or the intended use of the pant, is in such suit held to constitute infringement and the use of said equipment or pan is rumoured, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the bereft of creditors, appoint a receiver or umlm for any of the Sellers property or business, this order may foMwith be canceled by the Purchases without liability. 16. GOVERNING LAW. The definitions ofterms used or the ihuagarelmion of the agreement and the rights ofall panic hereunder shall be mounted under and governed by the laws ofthe State ofColotado, USA. The following AJdilioml Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenlative(s), an the premises of others. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is Polly completed and accepted, and shall, in one of any accident destruction or injury to the work anNor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchal When matcnalk and equipment am fumiehed by others for installation or erection by the Sella, the Sella shall receive, unload, time and handle same in the site and become responsible therefor as though such materials and/or equipment were being fumishcd by the Seller under the order. I I. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease bmtitn, to its mnployees employed on or in connection with the work covered by this pumhane order. Payer to their dependents in accordance with the laws of the state in which the work is 1a Ise done. The Seller shall also carry comprGtauive general liability including, but not limited to, contractual and automobile public liability iaumnce with bodily injury and death limits of at least S300,000 for any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any wmrk upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such mnificates shall specify the date when such bempemation and insurance have been provided. Such renifiates shall specify the date whm such compensation and insurance expires. The Seller agrees that such compensation and imumme shall be nommined until after the enthe work is completed and accepted. 19, PROTECYION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asmmes the entire respmuibiluy and liability for any and all damage, lass or injury of any kind nature whatsoever to persons or progeny crazed by or resulting fmm the execution of lm work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold Families the Purchaser and any or all of the Purchasers oRcers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or properly to which the Purchaser may be put or subject by Person of any act action, neglect omission or default on the pan of the Sella, any of his contra runs, or any of the Sellers or contractors oRecrs, agents or employees. In raw any suit or other proceedings shall be brought against the Purchase, or its officers, agents or employees at any time an account or by reason of my not, action, neglect omission or default of the Seller of any of his contractors or any of its or their oRcem. agents or employees as aPoresaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers awn expense, to pay any and all rants, charges, atmmeys fees and other expenses, any and all judgments, that may be incurred by or obtained against the Forbearer or any of its or their officers, agents or employees In such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parries in or as a result of such suits or other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall Pike all safety precautions, famish and install all gumds necessary, for the prevention of accidents, comply with all laws and regulations with regard to m@ry including, but without limitation, the Oaupatioml Safety and Hall Act of 1970 and all rules and rrodigio s issued pursuant thereto. Revised 072014