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HomeMy WebLinkAbout519198 FIREHOUSE XPRESS CAR WASH SERVICES - PURCHASE ORDER - 9150239PO PURCHASE ORDER 915023er Page C117/ of PURCHASE 50239 1 of 3 Flirt Collins( Thisnumbermustappear !"\V`I V " 1' on all invoices, packing sli s and labels. Date: 01/13/2015 Vendor: 519098 FIREHOUSE XPRESS CAR WASH SERVICES 3500 S TIMBERLINE FORT COLLINS CO 80525 Ship To: OPERATIONS SERVICES 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 1 Blanket Order Car Washes Cover the cost of car wash services for fiscal year 2015. With each car wash or detail, the employee shall sign ticketlinvoice. It is the responsiblity of the business to make sure the ticket includes a printed name and signature and the unit# of the vehicle being serviced. Pricing: Rookie = $4/wash Lieutenant = $6/wash 'Captain = $8/wash -special pricing 'Chief = $10/wash -special pricing Per John Ripsam 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&cgov. rn 1 LOT LS 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 9150239 2o13 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 3 of 3 1. COMMERCIALDETAILS. Tax exemptions. By indoor the City of Too Collins is exempt from state and local nixes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6IX105137 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Somme 1973, Chapter 39 26,114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in remit may he retained to you for credit and ere not to be replaced except upon receipt of wriaen instructions from the City of Fon Collins. hapent ion. GOODS are subject to the City of Fort Collin impaction on mrivaL Final Acceptance. Receipt of the merchandise, services or equipment in taspoose to this order car, reach in autumared Payment on the pan of the City of Ton Collins. However, it is to nd understood that FINAL ACCEPTANCE t dependent upon completion ofall applicable required imps fion pmcNura. Freight Tam¢. Shipmate mint be ROB., City of Ton Collins, 700 Wood SL, I. Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill anal, xrompany invoice. Additional charges fin packing will at be accepted Shipment Discourse. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to dedication, and excess freight will be deducted from Invoice what shipments art made floor greater disnnee. Permit. Seller shall Immune in sellers sole cost all necessary permits, mniftcates and licenses required by all applicable laws, regulations, ordinances and rates of the sate, municipality, territory or political subdivision where the work is performed, or required by any other duly mndimted public authority, having jurisdiction over dine work of vendor. Seller further agrees to hold the City of Ton Collins hamtlass fmm and against all liability and loss incurred by them by reason of an awned or established violation of any such laws, mgulation, ordinances, calks and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona ride and possess full and complete authority to bind said Parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein set forth and any supplementary or additional terms and conditions annexed hereto or man,omted herein by reference. Any additional or different terms and carditires proposed by seller arc objected to and hereby je.ed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT innnediately ifyau cannot make complete shipment to arrive on your premised delivery date os noted. Time Is ofthe wence. Delivery and Performance must be effected within the time Anted on the purchase order sad the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of p er ird lute deliveries, shall openm as a waiver of this provision. In the event ofany delay, din Purchaser shall have, in addition to ofer legal and equitable remedies, the option of plocing this order elsewhere and holding the Seller liable for damages. Ilowseq the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are bi mid its reasonable control and without its fault of oegligence, such acts office, acts of civil or milimry authorities, govemar acil priorities, Tres, strikes, Rood, epidemics, wars or riots provided that notice of the condition causing such delay is Given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will crammer with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar mome. The Seller agree to hold the purchaser hmmless from any Ica, damage or expense which the purchaser may suR'er or incur on account of tic Sellers breach of wasmnty. The Seller shall replace, reps. or make good, without cost as me punehapea any defects or faults arising within one (1) year or within such longer peried of time as may be prescribed by law or by the mans of my applicable .1, provided by the Sell. after me date of acceptance of the goods famished hereunder (acceptance not to SO manowwbly delayed), resulting goal imperfect or defective work done art materials famished by the Seller. Acceptance or use of gools by the Purchaser shall nit coalition, a waiver ofany claim under this memory. Except as otherwise pmvidal in this purchase order, the Sellers liability hereunder shall extend w all damages Proximately capped by me breach of any of the foregoing wamaties or guammens, but such liability shall in no event include loss ofpsafts or loss 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 teas by wrinm change order. 5. CHANGES IN COMMERCIAL TERMS. The Puchaser may make any changes to the terror, order than legal mom, including additions to or dele0om from the quaatities originally ordered in the specifications or drawings, by verbal or wrinen change order. If any such change affects the amount due or the time of performance hereunder, an equitable edjwtment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change orde, terminate this agreement as to any or all incomes of the goods then not shipped, subject to any equitable adjustment between the panic as to any work or materials men in pmgrev provided that me Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of me goods maker work, for incidental or consequential damages, and that no such adjwtmmt be made in favor of the Seller with respect m any goals which art the Sellers standard stack. No such lamination shell relieve the Purchaser tar the Seller of my of their obligations as to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the dote the change or accountants, is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, said, delivered and famished m strict compliance with all applicable laws and regulations to which the goods am subject. The Seller shall execute and deliver such documents remay be required to ¢Hat m evidence compliance. All laws and regulationsrequired to be ncoryarded in .,mor mts of this duwm n, are hereby Incorporated heroin by this refermoe. The Seller agrees to indemnify and hold the Purchaser tameless from all costs and damages suffered by the Purchwer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall reassign, tmwaq or convey this order, or any monies due or to become due hereunder without the prior wrinm contend ofthe other party. I O. TITLE. The Sella warrants full, clear and mourstdcted title as the Purchaser for all equipment, materials, and items fiunished in performance of this agreement free and clear of any ond all Item, misWctions, rsenation, smeary interest ricandammusand claims ofothers. 11. NONWANER. Failure of the Purchaser as insist upon strict Performance of the terms and conditions hereat failure or delay to xercise any rights or remedies provided herein or by law, failure to promptly notify m< Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the darn. shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be dinned a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, w to any prior or submitting default hereunder, nor shall any territorial oral atodifcation or remission of Nis poaches¢ order by the Purchaser operate as a waiver of any of the firms her.f. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic Practice, overeharps resulting from animist siolatiom are in fact home by the Pwchaser. Th.etafare, for good cause and as consideration for exeeutng this purchase order, the Sella hereby wsigm to the Purchaser my and all claims it may now hove or hereafter acquired under federal or stare national news for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase media. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe purchaser directs the Seller to correct manconforming or defective goods by a date as the agreed upon by the Purchaser and the Seiler, and the Seller the rafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perfomted by the most expeditions mean available to it and the Seller shall Pay all costs smxlmed with such work. The Seller shall release the purchaser and its contractors of any tier from all liability and claims or any wture resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligm<e of the party rele sed and shall extend to the directors, officer, and employees of such parry. The Seller's rontractual obligations, including warranty, shall not be Seemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchases. 14. PATENTS. When,¢ the required Seller is to use any design, device, material or process covered by letter, patent, trademark copyright the Seller shall indemnify and save hatless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the commet and shall indemnify the Purchaser For any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such snit hold to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, it its own expense and at its option, either procure for the Purchaser the right in continue using said equipment or parts, replace the same with subliminally equal bar marafringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bart mpn, make an assignment for the benefit of creditors, appoint a mosima or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchase, within, liability. 16. GOVERNING LAW. The definitions of mans wed or the integtmmtion of the agreement and the rights of all pones hereunder shall be comvued under and governed by the laws ache Sate arC.I..do, USA. The following Additional Condition apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), an the premiss of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until the same is fully completed and occupied, it shall, as au of any accident destruction or injury to the work ember materials before Sellers foal samplerion and acceptance, complete rde weak at Sellers own esteem¢ and to the satisfaction of the Functions. When materials cad equipment are f chrished by others for imallation or erection by the Sell., the Seller shall same, arguing, stem and handle some at the site and baamc responsible therefor w though such manias sober equipment were being famished by are Seller under the aeder. 18. INSURANCE. The Seller shall, at his own cxpemc, provide for the ratio ed, of workers campassomm, including accupmional disease benefits, to Its employees employed on of in cotmemon with the work covered by this purchase order, and/or to their dependene in scmmeance with the laws of the sMte in which site work is to be done. The Sella shall alm carry comprehensive general liability including, but not limited to, contractual and automobile public liability imtromm, with badly injury and death limits of at least 5300,000 for any one person, S500,000 for any accident -it Pmparry damage limit per accident of 5400,000. The Sella shall likewise require his contrarian, Harty, to provide for such compensation add imarance. Before my of the Sellers or his contractors employees shall do any work upon the premiss of others, the Sella shall famish the purchaser with a certificate that such compensation and imuranre have ban provided. Such carrifimts shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date whom such compewndan and incurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby wsoms the entire responsibility and liability for any and all damage, loss or injury abany kind or nature whateoever to person Or property caused by or resulting from the execution of the work provided for in this purchmse order or in connection herewith. The Seller will indemnify and hold harmlea rde Purchaser and any cr all of the Purchasers officers, agents and employees train Immix,mag and against any and all claims, Immix, daa, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchwer may be put or subject by reason of any act action, neglect omission or default an the pan of the Seller, any of his commnmors, or any of the Sellers or contractors Officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agent or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his comranors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to resume the domman thereof and to defend the same at the Sellers own expense, m pay any and all case, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchwer or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be, placed upon or obtained against the property of the Purchwer, or said parties in or w a result of such suits or Omer pmccorimp, the Seller will at once cause the same in be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall Mite all subtly precautions, famish and install all guards era omy for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulation issued pursuant thereto. Revised 07)2014