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HomeMy WebLinkAbout109976 CASEY'S CAR CARE CENTER - PURCHASE ORDER - 9150237Fort Collins Date: 01/13/2015 Vendor: 109976 CASEY'S CAR CARE CENTER 4315 S MASON ST FORT COLLINS CO 80525 �113W;L[+ES ZI 11:4 Ilk PO Number Page 9150237 1 11f3 This number must appear on all invoices, packing sli sand labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buver: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Blanket Order To cover the cost car washing/detailing for city vehicles for year 2015. To be billed monthly via invoice and log sheet and receipts if generated. Log sheet must contain date, driver's name, unit number, and type of car wash and price. Paperwork can be emailed to Ispence@fcgov.com or mailed to: LeOra Spence, Operation Services City of Fort Collins PO Box 580. Fort Collins, CO 80522 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 coods 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 1 LOT LS 3,000.00 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 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 PO Number Page 9150237 20f3 This number must appear on all invoices, packing sli s and labels. Total $3,000.00 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from stare and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due m defects of Manage in ..it. may be rcmmad to you for credit and arc net m be replaced except upon receipt of written instructions fmm the City of Fort Collins. Inspection. GOODS are subject o the City of Fort Call in inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorised 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 requited inspection procedures. Freight Terms. Shipments meet he F.O.B., City of Fort Collins, 700 Wood St, Yon Collin, CO 80522, unless otherwise specified on this order. if f mtisd an 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. Where manufmmrers have burdening points in von n parts of the country, shipment is expected from the nwrest distribution form to destination, and excess Fright will be deducted from Invoice when shipments are made from greater distance. Femurs. Seller shall pmcme at sellers sole cow all necessary pare ir, canifimtes and licenses required by all applicable laws, regulation, ordinances and tales of the state, municipality, m nary or political subdivision where Me work is performed, or required by any other Ashy constituted public authority having jurisdiction over the work of random Seller fuller agrees to hold the Ciry of Fort Collins maintass f and against all liability and loss incurred by them by reran of an assmcd or esablishW violation of tiny such laws, regulatiow, eminences, mles all r quirements. Autharmation. All parties to this contract agree that the represenatives are, in fact, bons Ode and Possess full and complete aethway to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and cooditions stated herein set foM and any supplementary, or additional lcmm and conditions annexed hereto or incorporated brain by reference. Any additional or dilferenl tema and condition pmpred by sells, are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and Performance most be aRered within the time sated on Me pumas, order and the documents atachcd hereto. No acts of the Purchasers including, without limiation, acceptance of fromid late deliveries, shall oPerale as a waiver of this provision. In the event ofany delay, Me purchaser shall have, in addition as other legal and equitable moral the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shrill test be liable for damages as a result of delays due to causes not reasonably Serviceable which are beyond its reasonable control and without is fault of negligence, such acts nfcnd, acts of civil or military authorities, governmental priorities, fires, strikes, Rool epidemics. wars or riots provided that notice of the mmlitions causing such delay is given to the Purchaser within five (5) drys of the time when the Sella fin received knowledge thereof. In the even of any such delay, Me dale of delivery shall be extended for the Period egml to Me time actually lost by reason.rMa delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples anNor other descriptions given, will be fit for the purposes inanced, and Perforated with the highest degree of care and competence in accordance with accepted saodads for work of a similar nature. The Seller agrees to hold the pumehater hmmless from any loss, damage or expense which the Purchaser may sufferer incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost o the provincial any defects or faults wising within one (1) year or within such longer period of time as may be presented by law or by the terms of any applicable warrany provided by the Seller after the dare of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), eulting from imperfect or defective work done or materials furnished by the Seller Acceptance or use of goods by the Purchase, shall not cortitute a waiver of any claim under this warmly. Except r oherwise 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 or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI IALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by when change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser nay make any changes m the trims, other than legal tents, including acidities, to or deletions from the quantities originally ordered in (lie specifications or drawings, by verbal (it written change order. If any such change affects the amount due or the time ofpertbmtnnce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, lenninnle this agreement as to any or all portions of Iha goods then not shipped, subject to any equitable adjustment between the parties r to any work or mnarids then in progress provided that the Pmcbrar shall net be liable fur any claims for anticipated profits on the uncompleted portion eel the goods and/or work, far incidental or consequential damages, and hot no such adjustment be made in favor offs, Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller crony oftheir obligations r to any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must Is, asserted within thirty (30) days from the data the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulariom mo which the goods art subject The Seller shot[ execum and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character we hereby incoryamad herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser n a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry, shall assign, antral fir coney this order, or any monies due or to become due hereunder without the prior worn consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and nonrestricted are a Me PttrcM1asr for all equipment, materials, and items famished in performance of this agreemenk free and clear of my and all liens, restrictions, reservation, recently intent enetvnbances end claims ofathers. I L NON WAIVER. Failure of the Purchaser to insist upon show Performance of the terms and conditions hereof, Milan, or delay to e Fels[ any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a any oM1, the warranties or or blpayment for goods hereunder or ad shall of not license, shall not release the Sellerhe any of the w'amst up or obligations of this purchase omen and shall not c deems a waiver of any right of the purchaser to insist upon stria performance hereof or any of is eque or remedies hereunder, f any or h goods, regardless aof mwhen shipped, received or accepted, ur m any prior or subsequent default tawawas nor shall any petered oral mdificetion or rescission of this puahase order by the Purchaser operate as a waiver of any of the tams hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust violations are in fact home by the Purebrr. Theretofore, for good cause and is consideration for exeemting this pumhre oMe, the Seller hereby assigns to the Purchaser any and all claims d may now have or heree0er acquired under federal or sme antitrust laws for such overchwge relaring to flue particular goods or arnica purchased or acquired by the Franchiser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sallee. romet,rmconfotming or defective goods by a date to be agreed upon by the Purchaser end the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Fumhre, tray cause the work to be performed by the most expeditions means available f it, and the Seller shall pay all costa associmed with such won. The Seller shall release the Purchaser and its contractors of any ties fmm all liability said claims of any not resulting fmm the performance crawls work. This rtlease shall apply men in the rant of fault of negligence of the party relnsd and shall extend to she directors, officers all employees of such parry. The Sellers contmmuxl obligations, including womanly, shall .1 he deemed in be reduced, in any way, because such work is vrformxI or closed to be performed by the PursI sser. 14. PATENTS. Whenever the Seller is required m use any design, device, material orprocess reverts by tenet, patent, badernrk or copyright. the Seller shall indemnify and save hamtles the Purchaser from any and all claims for infringement by reason of the ere of such patented design, deice, material or process in connection with the wmrmt, all shall indemnify the Purehaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement many time dung Me proseamtion or after the completion of the work In use said equipment, or any from hereof or the intended use of the goods, is in such suit held to comantate infringement and the ere of said equipment or pan is rejoined, the Seller shall, at its own expense and at its option, either picture for the Purchaser the right m continue using said tquipment or part, replace Me sume with substantially equal bur ooninfringing equipment, or modify it so it becomes meinfnnglng. 15ANSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmstee for any of the Sellers property or business, this order may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the intcrpreation of the agreement and the rights of all parties hereunder shall be onsuued under and g.ad by the laws of the Same ofC.1o.do, USA. The following Additional Condition apply only in curve where the Seller is to Permarm work hereunder, including the services of Sellers Represeaative(s), on the premises ofolhers. 17, SELLERS RESPONSIBILITY. The Sella shall carry on said work at Settees own risk until Me some is fully completed and accepted, ad shall, in case of any accident, destruction or injury f the work and/or materials before Sellers fmal completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by Me Seller, Me Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being blemished by Me Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including weer arional disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited m, unmo meal and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any e accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contactors employees shall do any work upon the premise of fifer, the Seller shall f ish the forebear 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 certificate sM1all specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the came wurk re 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 nature whatsoever to persons or property caused by or resulting from Me execution offe work provided for in this purchase oMer or in connection herewith. The Seller will indemnily and hold harmless Me Purchaser and troy r all of the Purchases oRicam, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether m persons or property to which the Purchaser may be at or subject by renwn of any act action, oegleet .mission or &feel, oa the pan of the Sella, any of his contracm a, or any of the Sellers or contractors officers, agena or employees. In case any suit or otha, proceedings shall be brought against the Purchasrr, or its officers, agents or employees at any time on warrant or by reason of my act, action, neglect, omission or default of the Seller of any of his contmetons or any of its or ,hair, officers, agents o, employees as aforesaid, fe Seller hares, agrees to assume me defense thereof and to defend the same at the Sellers awn expense, to pay any and all costs, charge, wormeys far and other expenses, any and all judgments that may be incurred by or obtained against Me Purchaser of any of ❑a or their oBlcers, agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against Me property offie Penclo er, or lead parties in car as a result ofsuch suits or other Proceedings, the Seller will at more cause the same W be dissolved and discharged by giving hood or otherwise. The Seller and his contractors shall take all safety precautions, famish and insist[[ all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but wifout limimtion, the Occupational Safety and Health Act of 1970 and all rvlcs and regulations issued pursuant Memo. Revised 07=4