HomeMy WebLinkAbout103418 THUNDER MOUNTAIN HARLEY-DAVIDSON - PURCHASE ORDER - 9147452Fort Collins
Date: 12/18/2014
PURCHASE ORDER
Vendor: 103418
THUNDER MOUNTAIN HARLEY-DAVIDSON
4250 BYRD DR
LOVELAND CO 80538
PO Number Page
9147452 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: POLICE DEPARTMENT
POLICE SERVICES
2221 SOUTH TIMBERLINE ROAD
FORT COLLINS CO 80525
Delivery Date: 12/17/2014
Buyer: DOUG CLAPP
Note: replaces unit#'s
31010,31011
Line Description
Quantity UOM Unit Price Extended
Ordered Price
i City 3 - HD FLHTP Motors
1 LOT LS 50,097.41
per quote dated 11.14.2014
ref. quote dated 11/14/14
- (3) 2015 HD FLHTP motorcycles -
$22,032.47 each = 66,097.41
- (2)trade ins $8,000 each = $16,000.00
Total cost = $50,097.41
Contact: Greg R. or Eric T.
ph# 970-221-6613
Please call 24 hours Drior 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&cgov.com
Total $50.097.41
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 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of To" Collis is exempt fmm state red local taxes. Our Exemption Number is
984M502. Federal Excise Tax Exemption Certificate of Registry 84-60005 f7 is registered with the Collector of
Inderail Revenue, Grnvq Colorado (Ref. Colorado Revised Stater¢ 1973, Chapter 39-26, 114 (a).
Goads Rejected. GOODS REIECFED due to failure in tmea specifications, either when shipped or due to def¢ts of
damage in tmnsi. my be rwwd1 m you for credb and are not to be replaced except upon receipt of women
itwctions fmm the City of Fort Collins.
Inspection. GOODS arc subject to the City of eon Collim inspection on arrival.
Final Acceptance. Receipt of the merchandise, sere or equipment in response ascasult this order rein
authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments most be F.O.B., City of Tom Collins, 700 Wood SL, Pod Collins, CO 80522, unless
otherwise specified on this order. Wpermission 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. Wilber, m nufaauras have distd aping points in comms pads of the wumry, shipment is
expeo ed fmm the crescent distribution point w destination, and excess freight will be deducted form Invoice when
shipments arc made from greater distance.
Perrin. Seller shall procure al sellers sole cost all nveesaary permits, crniftcates and liceses "wood by all
applicable laws, regulations, ordinances and rules of the steer, municipaliy, mrimry or political subdivision where
the week is performed, or required by any other duty cautioned public aullown, having jurisdiction over die work
of warder. Seller further agrees to hold the City of Fad Collins hvmlas fmm and against all liability marl loss
incurred by them by sawn of an aommal or established violation of any such laws, regulations, ordinances, rules
and mannorrmenn.
Authorization. All Trades to this contract agree that the representativee am, in fact, bow fide and poesoss full and
complete autheory to bind said pmia.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the team and conditions stated
herein set forth and my supplementary or additional term and conditions annexed hereto or incorporated herein by
reference. Any additional or different term and coeffie s proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment no mass on year
promised delivery date as nowt. Time is of the essence, Delivery and porfowenm must be rimmed within he time
stated on the purchase order a the document attached herew. No or of the Pmchoav including willwal
limiwtim, ncceptanOr of partial late deliveries, shall operate as a waiver of this provision. In the ,,at of any delay,
the Purchaser shall have, in addition Ir Other legal and equitable remedies, the option of placing this ender elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages n a man][ ofdelays
due to causes not reasonably forsceable which are beyond its reasonable control and without its fault of negligence,
such ton of God, act ofeivil Or military authorities, paramount priorities, Gres, stakes. flood, epidemics, wars or
rims provided that notice of the conditions coming such delay is given Is the Purchaser within Per (5) days of the
time when the Seller first received knowledge thereof In life went of any such delay, flee date of delivery shall be
extended for the period equal Io the time actually text by reason of die delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials a ail work covered by this order will confow with applicable
drawings, specifications, samples and/or other descriptions given, will be fit far the purposes intended, and
perfornmed with the highest degree of core and competence in accordance with accepted sundard fm work of a
similar to. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may sulf or mouton acwwt office Sellers breach of warmnty. The Seller shall replace, repay an make
good, without cast to the puahaa, my defect or faults arising within one (1) year or within such longer period of
time t maybe prescribed by law or by the terns of my applicable warranty provided by the Seller after the date of
acceptance of the good fumishal hereunder (accepmnce not to be innumerably delayed), resulting from imperfect
or defective work done or materials frmishol by the Seller. Acceptance or use of good 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 m all damages proximately caused by the breach Of any of the foregoing warranties
or guarantees, but such liability shall in we event include loss of proNs or loss of use. NO IMPLIED WARRANTY
OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal term by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The PureNuer may make any changes to the moms, ether than Irwal moon, including nWiumis to or octal— from
the quantities originally ordered in the s locifiem us or drawings, by verbal or women change order. If any such
change aRects the amount due or die time orpafowmce besunder, an equitable n lwascrent shall be made.
6. TERMINATIONS.
The Purchaser may at my time by corium change order, lenninam this agreement as m any or all portion of the
goods earn nor shipped, subject to any equitable adpwarra t baween fl r pandas as; in any work or materials tom in
progress provided that the Purchaser shall not be liable for any claim for anticipated profits on the uncompleted
proton of the goods unclear work, for incidental or mamen nstial damages su and that no ch repairman be made in
favor office Seller with respect toanygoods which ate the Sellers standard sock. No such termination shall relieve
the Purchaser or the Seller ofany offhar obligation n to my goads delivered hereunder.
Z CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within iMmy (30) days from life date the change or irradiation is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants Ihnt all goods sold hereunder shall have horn produced, sold delivered and famished in strict
compliance with all applicable laws and regulations w which the goods ore subject The Seller shall execute and
deliver such document me may be required to effect or evidence compliance. All laws and regulations rryuired an be
incorporated in agreements of this character are hereby incoMomted herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless firm all costs and damages suffered by the Purchaser or a result of the
Sellers failure to comply with such how.
9. ASSIGNMENT.
Neither party shall sigh, transfer, or convey this ruder, or my monies due or is, become due Formula without fire
prior womancommon of fire other parry.
10. TITLE.
The Seller awards full, clear and tuuuoriald till, to the Purchaser for all equipment cra enals, and item fiwisbed
in prfowome of this agreement fec and clear of my and all liar, resVictiot, reservation, secunry accord
encumbrances and claim of others.
I I. NONWAIVER.
Failure of the Purchase to insist upon strict performance of the tents and conditions hereof, failore or delay to
carouse any rights Or remedies Provided here. or by law, failure ad Promptly notify the Seller in the ream of a
breach, the acceptance ofor payment for goad hereunder or approval of the deign, shall Out release the Seller of
any of the want nlia Or obligations of this purchase order and shall rat be domed a waiver of my right of the
purchaser to insist upon stria pairstreams, hereof or any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as many prior or subsequent default hereunder, now shall any purposed
oral modification or rescission of this purchase order by the Puchasn operate as a waiver of any of the tenses
hommE
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in radial economic practice, overcharges resulting from titrust
violations are in fact home by the Purchaser. Theretofore, an
for good cause and as consideration for executing this
purchase aide, the Seller hereby a¢igns to the Purchaser any and all claims it may now have or ha afar
acquired under federal or state antiwat laws for such overcharges relating to the particular goad or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13, PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconfowing or defetive goods by a date to be agreed upon by the
Purchaser end the Seller, and the Seller thereafter indicates its humility m unwillingness to comply, the Purchaser
may cause the work to be Performed by the most expeditious means available to it, and the Seller shall pay all
roses aUPdimed with such work.
The Seller shall release Ne Pardoner and its co muctors of my her from all liability and claims of my rates
resulting from the prformma ofsuch work.
This at. shall apply even in the event of fault of negligmcr of the pmy ¢leased end shall extend an the
directors, officers and employees ofauch Ivry.
The Sailors contractual obligations. including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or wood m be perfomed by the Puchaser. ,
14. PATENTS.
Whenever the Seller is required to use any design, device, material or promes, covered by lever, patent, trademark
r copyright, the Seller shall indemnify and save hawless the Purchaser fmm any and all claims for inMrgemem
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser Emery cost, expense or damage which it may be obliged to pay by reason of such
Infringement at any time during the prosecution or after the anipletion'of the work. In case 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 ampri ent or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal bur
nonlnf neging equipment, or modify it so it becomes ooninfringing.
15. INSOLVENCY.
If die Seller shall became insolvent or bankrupt, make an assigmneni for the beercfl of credimrs, appoint a
weaver or trustee for my of the Sellers Property or business, this order may forthwith be canceled by the
P mbea without liability. I
16. GOVERNING LAW. I
The definition of term used Or the interpretation oftbe agreement and the right of all posies hereunder shallbe
announced under aM governed by fire laws ofthe State ofCalerado, USA'.
The following Additional Conditions apply only . eases where the Sella is to perform wank bartender,
including dw services of Sellers Represenutivai m the promises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work in Seller's own end, until the same isffully completed and accepted, and shall,
in se of any accident, destruction or injury to the work and/or materials before settees final completion and
acceptance, complete the work at Sella's own expense and in the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller, the Sella shall receive, unload,
,two and handle same al the site and become responsible therefor as though such mnfailds and/or equipmem
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
disease bcncfib, to its employees employed on or in formation with the work covered by this pushme order,
and/or to their dependent in accordance wit die laws of the state in which the work is to be done. The Seller
56a11 aline, carry comprehensive general liability including, but not limited W. contractual and automobile public
liability insurance with WAY injury and death limits of at knot 8300,001) for any one person, S500,000 for my
accident turd pmprty damage limit per accident of Sella shall likewise require his
contractors, if my, w provide for such computation and ittuznce. Before any of the Sellers or his contractors
employees shall do my work upon the premises of whers, the Seller shall famish the Purchaser with a cedifiwm
that such compemation and insurance have been provided. Such certificates shall specify the date when such
ompemmion and insurance have ban provided Such cerafiwres shall ipecify the date when such mmpesolion
and immune expires. The Sella agrees hat such competation and ituunce shall be maintained unfit after to
attire work is completed and maspted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire respmrsibility and liability fro my and ell damage, loss or injury fany kind
or wfum whanoaver to Famous or proprty caused by or resulting from the execution of fire work provided for in
this parchase order or in connection herewith. The Seller will indemnify'and hold homeless the Purchaser and any
r all of the Purchasers officers, agents and employees fmm and now st nany and all claims, losses damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which fire Purehasr may
be per or subject by rerun of my oat, ration, neglea, omission or default on the pan of the Seller, any of his
contractors, or any a the Sellers or contractors officers, agent or: employees. In case any suit ar other
proceedings shall be brought against ate Purehuur, or its officers, agents or employees at any time on account or
by mason of any act, action, forgiver, omission or default of the Seller of my of his contractors or any of its or
their officers, agents or employees m aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend fire same at the Sellers own exprme, to pay any and all corn, charges, a tnewys fees and other expenses,
any and all judgmene that my be incurred by or obtained against the Purchaser or my of its or then officers,
agent or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained again the property of the Purchaser, in said panics in for as a result of such suits or other proceedings,
fire Seller will at ome muse the same to be dissolved and discharged by giving bound or otherwise. The Sella and
his connotation shall take all safety p recomom, fumieh and hntall all guard consent for do prevention of
ancidem, comply with all laws will regulations with regard to safey, including• but without Insulation, the
Ocmpafiowl Safety and Health Act of 1970 and all roles and population issued pursuant therew.
Revised 07n014