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HomeMy WebLinkAbout173497 SPRADLEY BARR FORD LINCOLN OF GREELEY - PURCHASE ORDER - 9146594Fort Collins Date: 1111312014 PURCHASE ORDER PO Number Page 9146594 1of3 This number must appear on all invoices, packing sli s and labels. Vendor: 173497 Ship To: FLEET SERVICES - MAIN SHOP SPRADLEY BARR FORD LINCOLN OF GREELEY CITY OF FORT COLLINS 4901 29TH ST 835 WOOD ST GREELEY CO 80634 FORT COLLINS CO 80521 Delivery Date: 11/10/2014 Buyer: DOUG CLAPP Note: ref. state bid Line Description Quantity UOM Unit Price Extended Ordered Price I One 2015 Ford Police Intercept z 1 key as per quote dated 2/5/14 from John Wieneke base package KBA 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 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 1 LOT LS 1 LOT LS 26,265.00 10.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO46594r Page CI�/ of PURCHASE 9146594 2 of 3 `t Collins I„C This number must appear �I ` 1 1�7 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Dark car feature Red/White Dome lamp in cargo area front license plate bracket noise suppression bonds sub -total = $26,265.00 1 additional key - $10.00 Total = $26,275.00 Dept: Police Deliver vehicles and title documents to: Fleet Services Shop 906 W. Vine Fort Collins, CO 80521 or Eric ,'+fin',"�� Total Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.wrn PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIALDELADS. Tax cxrmptiom. By some the City of Fort Collins is exempt from daze and local taxes. Om Exemption Number is 11. NONWAIVER. 98-04502. Textural Excise Tax Exemption Certificate of Registry 84-60005, is miumrtd with roe Collector of Failure of the Purchaser to insist upon strict perfom once of the mom and conditioan hereof, fv'hue or delay, to Internal Revenue, Denver, Colorado (Ref. Colombo Revised Statutes 1973, Chapter 39-26, 114 (a). immune my rights or remedies pmvided heart or by law, failure to promptly notify the Seller in the event of a breach, the an rpmnce or., paymen, far goads hereunder or approval ofdm design, shall an, release the Seller of Goods Rejected. GOODS REIECPED due to failure to meet specifications, either, when shipped or due to defects of anY of the warranties or obligations of this porcho w anchor sad shall rat he deemed a waiver of my right of the damage in transit may be rermned to you for data and are not to be o phared except upon receipt of wriucn pmchma to inist upon strict perfmmance hereof or my arm rights or remedies m to my such goods, regardless inbudions from the City offset Collins. of whim shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Infection. GOODS are subject to the Ciry of Fart Collins inspection on arrival. hereof. Fin[ Acapdance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aurhensed poymenr on the psn of the City of Fort Collin. However, it is to be understood that FINAL rr Seller sad the Pardoner recognise but in actual economic m practice, overcharges resulting froantitrust ACCEPTANCE 6 dependent upon completion ofall applicable required inspection procedures. violation arc in fact home by the Purchases. Theretoforefor good cause and as cor¢idemtioa for executing this Purchase order, the Seller hereby assign to the Ptnchxser any and all claims it may aow have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 7W Wound Sr, Fort Collin, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or service otherwise spacifid an this order. If p.nicsion is given to prepay freight said charge expacamly. the migiral freight purchased or acquired by the Purchaser pursumt to this purchase under. bill must azcompany invoice. Additional charges for picking will rat be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purdamer directs the Seller to mmct nonconforming or defctive good by a date to la, agreal upon by the expected f the nearest distribution prior to destination, and excess freight will be deducted from Invoice whan Purchaser and the Seller, rod the Seller thereafter indicates its inability or unsfi ingress to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious mean available m it, and the Seller shal pay all costs anociated with such work. Permits. Seller shall procure at sellers sole cot all necessary ru mess, certificates and licenses required by all applicable laws, regulations, ordinances and area of the stare, municipality, temlory or political subdivision where the work is performed, or required by any other duly constituted public authonly havingjurisdicrion rva the work of vendor. Seller further agrees to hued the City of Four Collins harmless from and against all liability and loss incurred by them by reason of an normal or estoblid d violation of any such laws, regulations, ordinances, ales andrequirements. Armen entlon. All parries to this contract agree that the representatives are, in fact, burn fide and possess full and complete sutboriry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits mrepanre to the names and condition smtd herein set for and my supplementary or additional terms ard cadition ammd had. err incorporated herein by mfrremc. Any additional or different arms and condition proposed by idler are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your promised delivery date as noted. Time is of the essence. Delivery and performance mart he effected within the time stated on the purchase order and the documents attached! hereto. No acts of the Parchment including, without limitation, occurrence of partial late delivefirs, shall operate as a waiver of this provision. In the 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 nor be liable for damages as a result of delays due to causes not reasonably foreseeable which aim beyond its reoxnble control and without its fault of negligence, such is of Gad, acts of civil or military authorities, govemmental rambles, fires, strikes, Hood, epidemics, wars or hots provided that notice of the conditions caning such delay is given m the Purchaser within five (5) days of the time when the Seller that received knowledge thereof In the event of my such delay, the dam of delivery, shall be extnMd for the period equal to the rime normally lot by arson ofthe delay. 3. WARRANTY. The Seller warmats that all goods, articles, materials and work coverd by this order will conform with applicable drawings, specification, sample mil/or other desorption given, will be fit for t puryoses intrai and performed with the hippest degree of are and compliance in accordance with accepted amnduads for work of a similar nature. The Seller agree m hold the purchaser humorless f my loss, damage in expense which the Pardoner may suffer m incur on account of the Sellers breach of avarrmty. The Sella shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (1) Year or within such longer period of time as may be prescribal by law or by the terms of any applicable worrmty provided by the Seller after the date of mcepmnce of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting man impartial or deRctivc work done or materials famished by the Seller. Acceptance or are of goods by the Purchaser shall at ontinor a waiver of any claim under this.—nry. Excrpt as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmaimamly aural by the breach of nary of the foregoing warranties or gusmnters, but such liability shall in no event include loss of profits or loss of mar. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purcbaur may make chmge, in legal berms by wrinen change order. S. CHANGES IN COMMERCIAL TERMS. The Pardoner may make my changes to the from, other than legal moms, including additions to or deletion firm the quantities originally ordered in the sour fiction or drawings, by verbal or when change order. If my such change albums; the amomt due or the time of perf rmmce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by when change order, terminate this agreement as to my or all portions of the gaa6 then not shipped, subject to any equitable adjustment between the parries as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods anNDr work, for incidental or consequential damages and that no such djus sent be made in favor of the Seller with rouged f my good, whim are the Sellers standard stock. No such temtination shall relieve the Purchaser or the Seller army oftheir obligation in to my goods delivered hereunder. 0. CLAIMS FOR ADJUSTMENT. Any claim for arporm art mot be asserted within thirty (30) days from the date the change or termination is nodded. 8. COMPLIANCE WrrHLAW. The Sella wamnts but all goads sold hamuodd shall have been produced, cold delivered and fumishd in said exmplian¢ with all applicable laws and regulation to which the good are subject. The Seller shall execute and deliver such documents as maybe required to effect or evidence compliance. All laws and regulation required to be incorporated in agreements of this ebmmrer are h.by incorporated herein by this reference. The Seller agoras to indemnify and hold the Purchaser hatml. fmm ill on. and damages suffered by the Purchaser as a and, of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, broader, or convey this order, or any monies due or to became due hereunder without the prior written consent ofthe other perry. 10. TITLE. The Seller warrants fall, dour and unrestricted title to the Purchased for all equipment, mammals, and items famished n performans, of this agreement, free and clear of my and all lien, mmricnon, reactivation, security interest mcumbmncn and claims of others. The Seller shall release the Pardoner and its contractors of any her from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to thr threcam. olficas and employees ofsuch party. The Sellers wntmetual obligation, including warranty, shall not be bead to be reduced, in my way, because such work is perforated or ansed to be performed by the Purchaser. IC PATENTS. Wbenever the Seller is requird to use my design, device, material or process covdd by lane,, parent, trademmk r copyright the Seller shall indemnify and save brimless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, maternal or process in correction with We district, and shall indemnify the Purchaser for any cot expense or damage which it Trey be obligal to pay by reason ofsuch infringement at any time dancing the prosecution or after the completion of the work. In one said equipment, or any pm thereof or the intatdd are of the grade, is in such suit held to constitute infringement and the use of said equipment or pan is mjoind, the Seller shall, at its own per. and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninMnging equipment, or modify it m it becomes noninMnging. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt make m assignment for the benefit of creditors, appoint a or trustee for my of the Sellers property or business, this order may forwith be mmeld by the dh Puresd without liability. 16. GOVERNING LAW. The definidon ofterms used or the intrmremtian ofthe agreement and the rights ofall parties beceuvder shall be mnaued under and govemal by dic laws ofthe State rfCola m bs, USA. The following Additional Condition apply only in rows where due Seller is m perform wok hereunder, including the a.ium of Sellers Reprrsenmtive(s), an the premise craters. 17. SELLERS RESPONSIBILITY. The Seller shut] tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work andlor materials before Sellers final completion and mooplance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such mardisls md/oa equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational dumse, tumefies, to its employees employed on in in comedian with the work covered by this pamhau order, andbr to their dependents in ancoNance with the laws of the state in which the work is m be dove. The Seller shall also any comprehensive Rencml liability including, but not limited to, cantradual and automobile public liability romance with bodily injury and death limits of at trust S300,000 for my one person, S500,000 far my one accident and property damage limit per accident of S400,000. The Sella shall likewise require his contmcoo , if any, to provide for such compeusanou and [ourmee. Before my of the Sella or his commdors employees shall do any wok upon the premise of others, the Seller shall famish the Pmmaser with similitude that such compensation and insurance have been provided. Such cenificmn shall specify the date when such compensation and Insurance have been provided. Such aftificmes abut) specify the dam when such compensation and insurance expires, The Seller agrees that such compensation and insurance shall be nominated until after she entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby auumn the entire responsibility and liability for any and all damage, loss nr injury of any kind r mare whatsoever to person or property moral by or resulting from the execution of the work pmvidal for in this purchase order at in connection herewith. The Seller will iMemnify and hold harmless the Purchaser and my or all of the Pmchasen oMr., agents and employees from next against my and all claims, Inam, damages, charges or experses, whether direct or indired, and whether to persmss or propdty to which the Partner may be Put or subject by earn of my rat acdon, neglect omission or default on the pan of the Seller, my of his mntradnrs, oa my of the Sell. or coa.. ofhc., agents or employees. In tax any lair or othd proceedings shall be brought against the Purchaser, or its oDicm, agents in employees at my time on account or by reason of any art action, nailed, omission or default of the Seller of any of his mntracmrs or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sella own expimse, to pay any and all cots, charges, about (ens and other expenses, my aM all judgments that may be incurred by m obminal against the Purchaser or my 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 against the property of the Purchaser, or said pain in or as a result ofsuch 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 contractors shall take all safety precautions, famish and intell all guards necessary, for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limiation, the Omupationl Safety and Health Ad of 1970 and all roles and regulations issued pursuant therein. Revised 07n014