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HomeMy WebLinkAbout173497 SPRADLEY BARR FORD LINCOLN OF GREELEY - PURCHASE ORDER - 9146537PO PURCHASE ORDER 914653 Number Page C117/ of PURCHASE 9146537 t of 3 �} Collins ins This number must appear ` V ` 1 1�7 on all invoices, packing sli s and labels. Date: 11/07/2014 Vendor: 173497 Ship To: POLICE DEPARTMENT SPRADLEY BARR FORD LINCOLN OF GREELEY POLICE SERVICES 4901 29TH ST 2221 SOUTH TIMBERLINE ROAD GREELEY CO 80634 FORT COLLINS CO 80525 Delivery Date: 11/07/2014 Buyer: DOUG CLAPP Note: state bid Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Ford Utility Police Interceptor (1 ea) 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 ** No Spot light ** Driver only Led spot lamp Dark car feature Red/White Dome lamp in cargo area front license plate bracket noise suppression bonds sub -total = $26,265.00 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:purchasing@fogov.mm 1 LOT LS 26,275.00 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 9146537 2of3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Total = $26,275.00 Dept: Police Deliver vehicles and title documents to: Fleet Services Shop 906 W.Vine Fort Collins, CO 80521 Contact: Greg or Eric ph# 970-221-6613 "Please call 24 hours prior to delivery" shop hours 7:30am to 3:30pm ,YlH'IP14 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.mm 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 I. COMMERCIALDETAILS. Tax excmphim, By statute the City of Fort Collins is exempt from slate and local taxes. Our Exemption Number is 11, NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon s act performance of the terms and condition hereof, failure or delay to Internal Revenue, Drove, Colorado (Ref. Colorado Revised Shares 1973, Chapter 39-26,114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the went of a breach, the acceptance ofor payment for goads hereunder or approval captive design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to me., specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in namit, may be rammed to you for credit and arc not to be replaced except upon receipt of written probaseno insist upon strict performance bereofor any ofits rights or remedies as to any such goods, regardless instructions from the City effort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported real modification or rescission of this purchase order by the Purchaser routine as a waiver crony ofthe runts Impccrion. GOODS are subject to the City ofFort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aulhorized payment on the pan of The City of Fort Collins. However, it is to b, understood that FINAL Seller and roe Purchaser recognize that in actual economic practice, overcharges resulting from antinust ACCEPTANCE is dependmn upon completion of all applicable required inspection procedures, violation are is fact home by the Purchaser. Thernmfore, for good cause and as ronidermion for executing this Foreclose, order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter Freight Terms. Ship... rant be F O.B., Ciry of I. Collins, 700 Wood St., Pon Collins, CO 80522. unless acquired under federal or state antitrust laws for such oveeheges relating to the particular goof or services otherovise specified on this order. Fpermission is given W prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant m this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance Where manufaumers have distributing points in cancer pans of the country, shipment is expected from the nearest distribution point to deahrefire, and excess freight will be deducted from Invoice when shipments are made from gwam, direan«. Permits. Seller shall procure at sellers .to wit all mromm, permits, artifiwtes and licenses required by all applicable laws, regulation, mdimnces and rules of the stare, municipally, territory or political subdivision where the work is performed, or Merited by any other duly wntiated public autlwriry havet,juridiclion over, the work of vcndar. Seller fuller agates to hold the City of Fort Collin harmless form and against all liability and loss nunretid by them by m. of tin asmned or established violation of tiny such laws, regulation, mdire., roles requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and poseass full and complete authority to bind said panics. LI M I'I'ATION OF TERMS. This Purchase Order expressly limits aweporme to the Imes and condirinns stated here. set forth and any ati,lememary or additional terms and conditions annexed hereto or Incorpor,d heroin by reference. Any additional or different terms and conditions pm,s,d by seller are objected to and hereby r<prem,L 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tf you cannot make complete shipment on arrive on your promisd delivery date as noted. Time is of the essence. Delivery and performance must be ell'end within the time stated on the purchase order and the documew attached hereto. No acts of the Purchasers including, without limitation, aceeptinre of panial late deliveries, shall operate as a waiver of this provision. In rise event of any delay, the Purchaser shall have, in addition to other 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 of delays due to causes not reamrebly foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, sees ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that ..are of the conditions .... to, such delay is given to 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 b, extendd for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrens thin, all goods, articles, materials and work covered by this order will covto. with applicable drawings, specificatons, samples and/or other description given, will be fir for the purposes intended, and performed with the highest degree of care and wmpcome 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 suit or incur on account of the Sellers breach of warranty. The Seller shall replace, repair remake god, without cost to the purchase, my defects or faults arising within one (1) year or within such longer peril of time as may be prescribed by law or by the norm of any applicable warranty provided by We Seller tuner the date of acceptance of thooe gds famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or Me of goads by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties M grerdmoss, but such liability shall in no wen include loss ofprofirs or loss of rrse. 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. S. CHANGES IN COMMERCIAL TERMS. The Puch rn r may make any changes to the terms, other than legal terms, including addition to or deletion from the gmunif- originally ordered in We specifications or drawings, by verbal or written change order. If any such change uReds the amount due or the time ofperfomrance hmeunde, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may al any time by woman change .,do,, terminate this agreement as In any or all portions of the goods then not shipped, subject o any rymodile adjustment between the panic, as to any work or materials then in progress Provided that We Purchaser shall not be, liable for any claims for anticipated profits on the uncompined portion of the goods arrdlor work, for buckboard or consequential damages, and that eo such adjustment be made in favor of the Seller wild respect to any goods which are We Sellers eamkard stock. No such moratorium shall relieve the Pumhasa or the Seller spray of their obligation m to any goad delivered heretrsla. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be rumored within thin (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller w.... is West all goods sold hereunder shall have been produced, sold, delivered and fumishd in strict compliance with all applicable laws and regulation to which the goods arc subject. The Seller shall execute and deliver such documents as may be romitd to effect or evidence compliance. All laws and regulation required to be incorporated in agreements of this character m, hereby incorporated herein by this reference. The Seller agates to indemnify and hold We Purchaser bemleas form all cos¢ ad damages xu1 nial by the Purchaser as a much of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pan shall assign, hadfe, or convey Wis order, or any monies due or to become due hereunder without the prior written reason, of the he, pony. 10. TITLE. The Seller warrants full, clear and unrestricted till, to He Purchaser for at I equipmenl, materials, and items fumishd in performance of Ws agreement free and clear of any and all liens, restriction, reservation, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the PunWne, directs the Seller,, caned maconfoming or defective goods by a dam to be ugrend upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness a comply, the Purchaser may cause the work ra be performed by the most expedition mean available an i,, and the Seller shall pay all costs associated with such work. The Seller shall releue the Purchaser and its commdors of any tier from all liability, and claims of any nature resulting from We at... ofsuch weak. This release shall apply even in the runt of fault of negligenro of the parry released and shall extend to the directors, ofce. and employees of mch peaty. The Seller's contractual obligation, including warranty, shall not be deemed to be reduced, in any way, became such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark M copyright, the Setter shall indemnify and rave harmless the Purchase, from any aad all claims for infringement by reason of the via of such patented design, desire, material or pmm. in c.... Own with the contract, aad shall indemnify the Purchaser for any cost, expense or damage which it Trey be obliged to pay by reason of such inGngemeen at any time during the prosecution or after The completion of the work. In case mid equipment or any an thereof or the intended use of The good, is in such suit held to coustiam infringement all the ise of said yuipment or pan is enjoined, We Seller shall, at its own expense and at its option, either procure for the Purchaser the right ro continue Ming said equipment or pans, replace the tame with substantially equal but mainGnaing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or baidu pr, make an assignment for the benefit of creditors, appoint a receiver or trustee 1'or any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definilion of loran asked or the intermission ofdre agreement and the rights.fall parties hereunder shall be combined under and gevemed by the laws of roe State of Colo undo, USA. The following Additional Condition apply only in cases where the Seller is to perform work Minimal including the services of Sellers Represeertivek), oa the premiss ofothers 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment we famished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same al the site all become responsible therefor as though such materials arbor equipment were being famished by the Seller undo the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefih, to its employees employed on or in connection with the work covered by this purchase order, umber to their dependents in accordance with the laws of the state in which the work is to be dune. The Seller shall also can comprehensive general liability including, but nor limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of S PLMM. The Seller shall likewise squire his emitmcmrs, if any, to provide for such compenmion and inmrince. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cmific,ms shall specify the date when such compensation and insuranceexpires. The Seller agrees War such compenaeion and insurance shall be nainhined ..,it inner the attire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or mrare whatsoever to persons or propen caused by or resulting from We execution of We work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hammless the Purchaser and any r all of the Purchasers officers, agents and employees Mom and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or proper to which the Purchaser may be pm or subject by reason of any act, action, neglect, emission ar default on the pan of the Seller, any of his comrsears, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchase, or its officers, agents or employees at any time on account or by reason of any =L action, neglect omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid she 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, attorneys fees anal other expenses, any and all judgments ,hat 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 cons, judgment or other lien be placed upon in obtained against the proper of the Purchaser, or said parties in or as a result ofmch suits or other proceedings, the Seller will in once cause the more to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precaution, famish and inWll all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Ihealth Act of 1970 and all roles and regulation issued pursuant thereto. Revised 07I2014