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HomeMy WebLinkAbout126796 GREASE MONKEY - PURCHASE ORDER - 9150221Fort Collins Date: 01/13/2015 Vendor: 126796 GREASE MONKEY HARMONY MARKET 1036 OAKRIDGE DR FORT COLLINS CO 80525-5590 PURCHASE ORDER PO Number Page 9150221 left This number must appear on all invoices, packing sli s and labels. Ship To: FACILITIES DIVISION CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Blanket Order 1 LOT LS 3,000.00 Oil Changes to cover the cost of oil changes for fiscal year 2015 as per bid #7157. All invoices must have description of service including unit and VIN. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 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 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIALDETAILS. Tax exemptions. By statute the City of Too Collins is exempt boom state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cmificate of Registry 84-6000587 is registered with the Collector of IntenW Revenue, Denver, Colorado (Ref. Colorado Revised Sams 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due or failure to meet specifications, either what shipped or due or defects of damage in vamiL may be oumed to you for credit and are fact to be replaced except upon receipt of wnnan instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fon Collins impaction on atival. Five Acceptance. Receipt of the merchandise, services or facipmmt in response to this order an result in announced payment on the pan of the City of Fon Collins. However, it is to be understood that FINAL ACCEPTANCE is depandent upon completion craft applicable oaryired inspection promotion. Freight Terms. Shipments most be FOB., City of Fort Collins, 700 Woad St-, Fort Collins, CO 90522, unless otherwise specified on this order If pcmiesim is given m prepay bought fad charge separately, me Original freight bill most accompany im'oics. Additional charges for poking will not be accepted. Shipment Distance. Where manufacturers have distributing Points Or darriona parts of Ne country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted fain Invalce when shipments arc made from greater distance. Permits, Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinate. and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees ,, hold he City Of Fan Collins harmless from and against all liability and loss incurred by them by reason of an manned or established violation of my such laws, regulations, mdurind, rules and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions toed herein set forth and any supplementary or additional terms and conditions annexed hereto Or inds,forcd herein by reference. Any additional Or different terms and conditions proposed by seller an, objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arriva On your promised delivery data as ad. Time is fthe apace. Delivery and pert moot be dffecmd within the time stated on hie purchase order and the documents avched boom. No acts of me Purchasers including, without limitation rod tance of partial late deliveries, shall wisdom as is waiver oldie, P.,. In the event fany delay, the Purchaser shall have, in addirion to other legal end egmarble remedies, Ne option of placing this order elseware and holding the Sella liable for damages. Howeer, the Seller shall not be liable for damage as a result of delays due to causes not rawvbly formable which are beyond its reasonable contrul and without its fault of negligence, such ors ofGad.vts afcivii or milimry wthootia, governmernal primides,fires, makes, flood, epidemic. wars or Omni Provided than notice of the condition wising awn delay is given in the Purchaser within five (5) days of the time when the Seller fro received knowledge therecf. In the event of my such delay, the date of delivery shall be extended for the period egvl to Ne time omilly lass by remora of Ne delay. 3. WARRANTY. The Seller wamtns Nat ell goad, articles, mammals and work covered by this order will coofom with applicable drawings, specification, samples fail other damptars given, will be fit for me purposes intended, and Performed with the highest degree of cats and competence in accordance with accepted standards for work of is similar nature. The Seller agrea to hold the purchaser Journalese from any loss, damage or expense which the Purchaser may suffor or incur on account of the Sellers breach ofwamnry. The Seller shall replace, on, it or make good, without cost to the purchase, any defects or faults nosing within one (1) year Or within such longer period of time ns may be prescribed by law or by the corms of my applicable warranty provided by the Seller after the data of acceptance of the goods tumirhed hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Accepance or use of goods by the Purchaser shall not onintute a waiver of any claim under this watmnry. Except as otherwise pnodded in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by me breach of any of the foregoing wanrantia or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchaser may make changes to legal moors by woman change order 5. CHANGES IN COMMERCIAL TERMS. The Puahsser may make any changes In hie tees, other than legal moos, including additions to or deletions from Ne gvmities Originally Ordered in Be, specifications or drawings, by normal or wrimea change order. If any such change affects la amount due or me time of pafotmmce hereunder, m aloritable adjustment shall be rude. 6. TERMINATIONS. The ifind, may at any time by written change Order, terminate Nis agreement an a any or all punions of the good then not shipped, subject in any equitable W urn ant between the panic as to any work or materials then in progress provided tar me Purchaser shall tom he liable for any claims fro anticipated profits an the uncompleted portion of me good and/or work. for incidental or examax rand damage, and tat an such adjus mat be made in favor of me Seller with Omar many goods which are the Sellers standard sack. No such temtia oat shall relieve the Purchaser or to Seller ofany oftheu obligations as in any good delivered bereurAer. 7. CLAIMS FOR ADJUSTMENT. Any claim for nd3mtment moot he aaened within Bad, (30) days form the date me change or tefinumu on is ordered. 8. COMPLIANCE WITH LAW. The Sella warmnts tat all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which me good arc subject. The Sella shall execute and deliver such documents as may be inquired to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character me hereby incorporated herein by Nis reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser in 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 become due hereunder without the prior written consent of the other parry. 10. TITLE, The Seller warrants full, dear and dommicted title to the Producer for all equipment materials, and imam famished in performance of this agreement, free and clear of any and all lien, restrictions, reservations, security interest mcumbranms and claim of orders. 11. NONWAIVER. Failure of the Purchaser in insist upon strict performance of the terms and conditions hereof, failure or delay an exeraim any rights or mosaics provided herein or by law, failure to promptly notify the Seller in the event of a branch, me acceptance arm payment for goods hereunder or approval of no design, shall not release the Sella of my of me warrants in obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon series performance hate for any of its rights or remedies m to any such goods, regardless of when shipped, received or accepted, as a any poor or subsequent default hertuMcr, we shall any Imported oral modifin sion or scission of this purchase order by the Purchaser operate as a waive of my of the tams hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and she Puchmer neo,nim that in acme economic practice, overcharges resulting from ansitrvs violation are in fact bome by the Pmcbmer. Thenetofore, for good reuse and as d rssideratim for executing nabs purchase order, the Sella hereby assigns or the Purshcan any and all claims it may now have or harezffer required ands fiction or state antitrust laws for such ovemharga relating to she particular goods or services purchased or acquired by the Purchaser pursuant to Nis purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchann dirtcts the Seller m cancer nonmnformim or defective goods by a date 1. be agreed upon by the Purchaser and the Sella, and the Seller mereafer indicates its inability Or unwillingness to comply, the Purchaser may cause the work 10 be performed by the most expeditious 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 tier from all liability and claims of any nature resulting from the performance of such work. This releme shall apply even in the event of fault of ri,h,mca of the party released and shall extend to the directors, oficem and employees of such party. The Seller's contractual obligations, including warrant, shall not be decmal to be reduced, in any way, became such work is Performed or caused to be performed by me Producer. 14. PATENTS. Whenever the Seller is calcined to me any design, device, normal or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless Ne Purchaser from any and all claims fro infringement by reaon of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it maybe abliged to Pay by reason crunch Inffi,can m at any time during the pmsautian or afar the ..piano. of the work. In case said equipment, or any pan thereof or Ne intended um of the goads, is in such suit held to wnatitum infringement and the use of said c,ripmwt or post is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right 1. cominue to, said aluiporeat or parts, replies, the same with substantially egvl bat noninGnging compendia, or modify it as it becomes wfairJringing. 15. INSOLVENCY. If the Seller shall become mosom or bankrupt, make m assi,nmera far the benefit of coeditors, appoint a moniver Or trustee err any of the Savers property or business, this order may faMwim be canceled by the purchased without liability. 16. GOVERNING LAW. The definitions of terms ved or the interprebtion of hie agreement and the rights of all pvtim hereunder shall be committed under and governed by Ne laws ofthe Sate ofC.Iomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenative(s), on the premises ofoncrs. Il. SELLERS RESPONSIBILITY. The Seller shall cart, on said work at Seller's own risk until the mine is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the purchaser. When coutenals 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 materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own exposure, provide for the payment of workers compensation, including Occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or for their dependents in accordance widt me laws of the more in which me work is to be done. The Seller shall also any comprehensive general liability including, but at limited to, contractual and automobile public liability insurance wimh bodily many and death from of at least S300,000 for any ov person, SSOOd10o for any one accident said property damage limit per accident of S,K)ROfq The Seller shall likewise fortune his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employas shall do any work upon the premiss of others, the Seller shall famish the Ptuchssa with a cenifiwte that such wmpenamon end insurance have Even provided. Such minfica es call specify the ma when on compensation and insurance have been provided Such certificates shall specify the date when such compensation and anurmace expires. lire Seller names tat such compensation and assurance shall be minained wail aflee the done work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Salley hereby mamma me more m,onsibild, and liability, far any wed all dami loos or injury ofany kind w mature wa maser to persons or property caused by or resulting tram the execution of the work provided for in this purchase order or in connection hemwim. The Seller will indemnify and had hmmless the Purchase and any or all of the purchmda officers, agents and emplo,res from and .,aims any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to peanm or property to which the Purchmer may the put or subject by reawn of any act, action neglect, omission or default on the pan of me Seller, any of his conlrmtors, or my of the Sellers or contractors officers, agents or employees. In mose, any suit or other proceedings shall be brought against the Purchase, or its oficas, agents or employees at any time on corder or by mamn of any act, action, neglect, omission or default of the Seller of any of his community or any of its or their officers, agents or employees in aforesaid, the Seller hereby agrees to assume the defense thereof and to defend me sane at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or Nair officers. agents or employees in such suits or rimer proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Pmcasdi or said patio in or as a result of such 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 shot[ take all safety precautions, famish and install all gvrd necessary for the prevention of accidents, comply with all taws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and rcgulatiov issued pursuant therele. Revised 0712014