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HomeMy WebLinkAbout496637 EHRLICH VEHICLES INC - PURCHASE ORDER - 9146613Fort Collins Date: 11/12/2014 Vendor: 496637 EHRLICH VEHICLES INC 2625 35TH AVE GREELEY CO 80537 PURCHASE ORDER PO Number Page 9146613 1o13 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 11/11/2014 Buyer: DOUG CLAPP Note: ref. state bid replaces unit # 2344 Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Nissan Leaf initial payment 2 Balance - 2nd payment & purchase fee ($350) ref. revised quote dated 11/11/14 per Ricky Newman Dept: Light & Power Contact: Greg R. or Eric ph 970-221-6613 Deliver vehicle and documents to: Fleet Services Shop 906 W. Vine St. Fort Collins, CO 80521 .. 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 1 LOT LS 9,685.68 1 LOT LS 16,495.50 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 9146613 2of3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price shop hours are 7:30am to 3:30pm 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 Total Pay terms net 30 days Invoice Address: 181.18 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rider Terms and Conditions Page 3 of 3 1. COMMERCIALDEFAILS. Tax exemplimss. By statute the City of Fort Collins is exempt from stale and Imal axus. Our Exemption Number is 11. NON WAIVER. 98-04502. Fole ml Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchases M insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event ofa breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped ar due m defends 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 transit. may be rammed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Pon Collins. of when shipped, received or accepted, res to any prior or subsequent default hereunder nor shall any purported am] modification or onvission of this purchase order by We Producer operate in a waiver of any of the terms Impaction. GOODS am subject W the City of Fort Collins impaction on arrival. hereof. Final Acceptance_ Receipt of the merchandise, services, or equipment in response to this oeder Mon resin in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fon Collins. However, it is to be ucaesstood that FINAL Sella and the Purchaser mergnix that in action amormic practice, overcharges resulting from samurai ACCEPTANCE is dependent upon camplmion ofall applicable required inspection procedures. violations am in fact hams, by the Purchmtt. Thmanfore, for gand cause and as consideration for ascending this purchase order, the Seller hereby assigns to the Purchmer any and all claims it may now have or hereffla Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 0533, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant he this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in varimm pans of the country, shipment is If the Purchaser directs the Seller to conch nonconforming or defective goods by a date to be agreed upon by the expected from toe neared distribmima for to destination, and excess freight will be deducted from Invoice when Purchmer and the Sella, and Ns, Seller thereafter indicates its mobility or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by dire must expeditions means available to it, aid the Seller shall pay all costs mwcuted with such work. Permits. Seller shall procure at sellers sale cos, all nereuary petits, mrnfieares and licenses rryired by all applicable laws, regulations, ordinances and roles ofthe state, municipality, mrtitory or political subdivision where The Seller shall fuleme me Purchaser and its contractors of any her Erom all liability Mad claims of any once the work is performed, or required by any other duly constituted public ..theory having jurisdiction over the work resulting from the performance of such work. of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss infrared by them by reason of an nssened or established violation of any such laws, regulations, ordinances, rules This releme shall apply even in the event of fault of negligence of the party released and shall extend to the and roponemenm. coal s, officers and employees ofsuch any. Authorization All parties to this contract agree Out the cram, nmtives are, is fact, bon. fide and po. as full and The Seller's contractual obligations, including womnty, shall not be deemed to be reduced, in any way, because omplem authority I. bind said parties. such work is perfated or caused to be performed by the Purchaser. LIMITATION OF TERMS. This Purebase Carter expressly limits acceptance to the team and OVIUMm sated hrin set foM and any supplementary or additional lances sort conditions annexed hereto or incorporated hereiv by refnvot Any Mdditional or difIIrmt It. and conditions proposed by seller— objected to nrd hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to umve oa your promised delivery date As noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limi,alion, acceptance ofpartial late deliveries, shall opectim a a waiver fthis provision. In the event ofany delay, the Pardoner 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 Sella shall not be liable for damages m . result of delays due to comes, not miserably fofeaecable which art beyond its rms rnable central and without its fault of maligmee, such acts nfGod, acts nfcivil of military authorities, gOvesmnmal Priorities, f s, strifes, flood, apidemics, wars or nets provaled mat notice of Be conditions causing such delay is given to the purchaser within five (5) days of me time what the Seller first received knowledge therm[ In the ervem of tiny such delay, the die of delivery shall be extended for me penal cgol tome time actolly lost by tease of the delay. 3. WARRANTY. The Seller watts that all goods, articles, materials and work coveted by His order will conform with applicable drawings, specifications, samples arbor other descriptions given, will be fit for the purposes intruded, and Performed with me highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hatless from any loss, damage or expense which the Purchaser may suffer or incur on account ofine Sellers breach ofwemnty. The Seller shall replace, repair or make good, without mar to me pumhaem any defects or faults arising within one (1) year or within such longer period of dime as may be, prescribed by law or by the temss of any applicable warmly provided by the Seller after the date of acceptance of fire goods Famished berearde r (acceptance not u be unreasonably delayed), resulting from imperfect or defensive we& dose or materials famished by me Seller. Acceptance or sees of goon by the purchaser shall rot Monsanto a waiver ofa ry claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to ell damages proximately caused by the breach of any of the famR a., warmies or marmosets, but such liability shall in no event include loss of profits or lass of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI ALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchmer may make changes to legal rents by wdnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other man legal terror, including addilinns to or deletions Room me quantities originally ordered in the specifications or drawings, by verbal or women change main. If any such change aBects the amount due or the time ofperf =M hereuoder, an e plamble adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written Manage order, minima, this agreement az to any or all portions; of the goods then not shipped, subject to any equitable adjustment between the parties m to any work or materials then in ,-I—, provided that the Purcm¢er abort not be liable fur tiny claims for anticipated profit, on the unvomPleced portion of the goods ether work, for incidental of consequential damages, and that no such adjustment be mode in favor of the Seller with respect to any goods which are the Sellers standard stock. No such lamination shall relieve the Purcl an or the Seller of any of their obligations in to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment matt be assured within thirty, (30) days form the dale the change or termination is ondercd. 8. COMPLIANCE WITH LAW. The Seller —nor s mat all goods sold hereunder shall have been pdnced, sold, delivered end fumolood in street compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be roresided to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character am hereby incorporated herein by this reference. The Seller agree m indemnify and hold the Purchaser hatless from all costs and damages suffered by the purchase, m e read, of fire Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, number, or convey this Vier, or any monies due or to became due hereunder without the Prior write comet of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to me purchaser for all equipment, mamriis, and items famished n performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims ofothr. 14. PATENTS. Nmmevtt the Seller is natural to me tiny design, device, materiel or process covered by later, parent, nudcmark or copyright, the Seller shall indemnify and save harmless the Pomlver, form any and all claims far infringement by rmson of the ON, of such patented design, device, mama[ Or process in connection with the contract and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reman ofsuch infringement at any time during the prosecution or after the completion of the work. in cose 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 part is enjoined, the Seller shall, at its awn expense and at Its option, either prowre for the Purchaser the right to continue using said equipment or pans, replace the same with substantially ,.at but noninbringing equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If me Seller shall beconm insolvent or bacukmpL make as assignment for fire benefit of creditors, appoint a receiver or trustee for any of the Sellers peeperty or business, this order may fonhwith be canceled by the Purchmer without liability. 16. GOVERNING LAW. The definitions of mta used or the interpretation of the agreement and the nghts of all panics hereunder shall be construed under and governed by the laws of the State ofColamdo, USA. The following Additional Conditions apply only in cases where the Seller is Or perform work hereunder, including thc services of Sellers Repomentative(s), an the premise ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers nwm nsk.61 the same is fully completed and accepted, and shell, in se of my accident darracfion or injury to the work and/or materials bef Sellers final completion and acceptance, complete the wort: at Sellers own expense and to the satisfaction of the purchaser. When nufmals and equipment are Enriched by others far installation or erection by the Seller, the Seller shall receive, unload, share and handle same at the side and become responsible director az though such nationals amber equipment wen being famished by the Seller under me Order. 18. INSURANCE. The Seller shall, at his own expense, provide for me payment of workers compensation, including occupational disease benefits, to its employees employed on or in corm edion with the work covered by tams purchase order, ardfor to their dependents in accordance with the laws of fire safe in which tha work is an be done. The Seller shall also carry comprehensive general liability including, but of limited to, covnucnal fear automobile public liability insurance with bodily injury and deob limits of at least S300,000 for any one person, S50gt100 far nay 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 employers shall do any work upon the premises of other the Seller shall famish the Purchaser with a fabricate that such compensation and insurance have been provided. Such ectifimms shall specify the date when train compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maintained until after the entire work is complete and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller humby incomes the all responsibility tab liability for any and all damage, loss or injury, of any kind or rumee whermover to persons or pmpety Moused by or resulting form the execution ofthe work provided farm this purchase under or w fr m akar herewith. The Seller will indemnify and hold hatless the Purchaser and any r all of the Purchasers oRer, agena aM employees from aed against any and all claims, losses, cot ages, charges of expenses, whether direct or induct, and whether to peons or pi -Vary, to which fire Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the In of the Seller, any of his contractors, or any of the Sellers or contractors Officers, agents or employees. In race any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees in any time on account or by from of any act, action, neglect, omission or default of the Seller of arty of his contractors or any of its or their officers, agents or employees as aforesaid, me Seller hereby agrees in examine the defense thereof and to defend the same at the Sellers awn expeme, to pay any and all casts, charges, moneys fees and other expenses, any and all judgments that may be incurred by or obtained against the purchaser or my of ifs or their oRcers, regents or employees in such suits or other proceedings, end in rase judgment or other lim be placed upon or obtained again, the .,my of me Purchaser, or said parties in or m a..It ofsuch sails or other proceedings, me Seller will a, once cause the same to be dissola ii and residential by giving toad or otherwise. The Seller arM his contactors shall take all safety prominent, famish and im'all all guards noomeary for elm prevention of accidents, comply with all laws and regulations wins regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant merem. Revised 074014