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HomeMy WebLinkAbout113043 LARIMER COUNTY FLEET MANAGEMENT - PURCHASE ORDER - 9150243PO PURCHASE ORDER 915024er Page CI�/ of PURCHASE 9150243 1 of z ' `t Collins lies This number must appear ` v ` on all invoices, packing sli s and labels. Date: 0111312015 Vendor: 113043 LARIMER COUNTY FLEET MANAGEMENT ATTN: CINDY BARNASON PO BOX 1190 FORT COLLINS CO 80522-1190 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 On -der Fuel Purchases for 2015 cover the cost of fuel purchases from Larimer County fuel sites for 2015. An invoice with the transaction breakdown should be emailed to Ispence@fcgov.com monthly. 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 aoods 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 Total 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 COMMERCIALDEfAHS. Tax Vwrnptiom. By statute the Cory of Fort Collins is esempl from was and local ..as Can Exemption Numbs is 98-GURE2 Federal Excise T. Exempdm Certificate of Registry IN 6000581 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stages 1973, Chapter 39-26. 114 (al. Goods Rejected. GOODS REIEC'ED due to labor, to mop specifianions, tither when shipped or due in defem of damage in transit, may be ren.nV1 m you far credit and We .11. be replaced exerm upon rsair, of wrima instructions from be City ofFort Collins. Inspection. GOODS we subject to the City of Fort Collie impaction on anoval. Final Acceptance. Receipt of the me chambse, s equipment in rupome to this order can result in amhorized payment no the pan of the City ofeFort Collins. However it is to be understand that FINAL ACCEPTANCE is dependenl upon completion of all applicable required inspection procedures. Freight Terms. Shipments muss be FOR, City of Fun Collins, 700 Wood Sr, Fon Collins, CO 80522, unless otherwise apat0ed on this order. If permission is given to prepay freight and charge separately, the marginal freight bill must accompany invoice. Additional charges for parking will not be nccepted. Shipment Distance. Whom manufacturers have dbtribating paints in various parts of the country. shipment is expected feat the nearest distribution point to destination, and excess freight wall be deducacd from Invoice when shipments are made from greater disu em. Permits. Seller shall prose at sellers sole Vest all mcravry permits, cenilica es and bee cum requirtd by all applicable Lass, mgulations, ordinances and roles of the mile, municipality, territory or political subdivision where the work is performed, or rtxryoml by any be, duly comuionted public a dlemiry having jurisdiction over the work of vendor. Seller further agrees 10 hold the City of Fort Collins hamtlass from end agsual all liability and loss incurred by them by reason of an asserted or Va blished violation of any such laws, regulations, odinances, roles and requirement,. Amhoarzafion. All panics to this contract agree that the Tepicaenm0ves arc, in fact, boat, fide and possess full and complete minority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions acited herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any.ddnional car dificaut tents and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASNG AGENT immediately if you cannot make complete shipment to arrive on your permitted delivery dam as rood Time is of the ameme. Delivery and performance most be effected within the time staled on the purchase order and the documents attached hereto. No tors of the Purchasers including, without limitation, acceptance ofparrial late deliveries, &ball operate ns a waiver of Ws provision. To be rent army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of,alaang this order elsewhere and holding the Seller liable for damages. However, be Seiler shall not be liable for damages as a result of delays due to causes nor reasonably foresreal le which are beyond its resoluble normal and without its fault of negligence. such act, of God, ads ofavil or military mthomms, govemmmul priorities, fires, strikes, Dodd, cpidernim, wars or riots provided that notice of the conditiom musing such delay is given to the Purohaer within five (5) days of the time when the Seller first received knoweti, thereof. In the event of my such delay, the data of delivery shall be extended for the period VuvI to be time actually lot, by gram. oftha achy. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or otha, descriptions given, will be Dt for the proposes intended, it performed with the highest degree of care and competence in accordance with accepted standard for work of . similar nature. The Seller opera to hold the purchaser harmless rem any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wananry. The Seller shall replace, repair or make good, without mat to the purchase, my defects or faults arising within one (1) year or within such longer period of time m may he prescribed by law m by the it. of., applicable wvmary provided by tar Seller Be,ethe date of acceptance of the goads homeland hereunder (acceptance not to be unremotubly delayed), resulting form imperfect or defective weak doe or maraials famished by the Seller. Acceptance or use of goad by the Puachacr shall not .mdmle a waiver army claim under this warrmty. Except ns Observing provided in this purchase Oder. the Sellers liability hartunder shall cmcnd to all damages p rrimarely caused by the breach of any of the foregoing wanamies or guarobta, but such liability shall in no event include loss of profits or loss ofu,. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Puchaer may make changes as legal reran by wrinrn change odV. 5. CHANGES IN COMMERCIAL TERMS. The Purchnser may make any changes In the moms, other than legal Intro, including addt,i.m to or deletions from the quantities originally nrdertd in do, s,aci fontiom or drawings, by vcd,al ur woven change order. If any such change.ffects the amount due or the time mfperfomunce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wdnen change order, terminate this agreement as to any or all portions of the goods then Out shipped, subject to any Variable adjustment between the parties as to any work or materials then in progress provided but be Purchaser shall not be liable far any claims far anticipated profits on the uncompleted Portion of the geed anNor work, fro incidental or mmequamial damages, and that no such adjumand be made in favor of the, Seller ward respect an any goods which are the Sellers standard stork. No such IermNation shall retire the Purchaer or be Seller ofany oftheu obligations as g my goods delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be mood within thtm (30) drys from the doe the change of mamitatim is orderd. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in stria compliance with all applicable laws and regulation to which be good art subject The Seller shall execute and deliver such documents as may be rVand to effect or evidence compliance. All laws and r,,I.e. required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Putchawr harmless from all costs and damages suffered by the Purchaser as a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign, transfer, or convey this order, or any monies due or to become due hurtwdtt without the prior wman consent of the other party. 10. TITLE. The Seller courant, full, clear and cormum VI title to dw Puchmer far all Vuipmenr, materials, and items Emanat1ed in pert ance of this agreemen. Dee and clear of my and an Item, morticians, rewrvatiam, su mlty interest mcmnbmaa and claims .fathers I L NON WAIVER. Failure of the Purchaser to insist upon strict performaoce of the tams and mndidons hereof, failure or delay 10 exercise any rights or re wshat provided hereon or by law, failure to promptly notify the Seller in the event of a breach, the acceptance arm paymnit for goods hereunder or appmsal of the dem la, shall not relemc thc Seller of any of the xarranrim or obligations of this purchase order and shall now be deemed a waiver of any right of the purchaser to imu, upon strict performance hereof or any of its rights or remedies as many such Bands, roped1. of when shipped, received or rumpled, m to my prior or aubwa umr default hereunder, Our shall my p ,odour oral mob fication or rescission of this purchase order by the Pucbascr operate as a waiver of my of the Vona hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in regal economic practice, overcharges resulting from antitrust violations arc in fact home by the Purchaser. Theretofore, for good coma and as consideration for executing this purchase oedeq the Seller hereby msigm to the Purchaser any and all claims it may now have or hereafter acquired under federal or see antitrust laws for such overcharges relating in the particular goods or armicut purchased or acquired "a Purchaser pursmnt m this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchmer direct, the Seller to concon nonconforming or defective good by a doe to her agreed upon by the Purchmer and be Seller, and the Seller tbereawr indicates its inability or movilfitc was to comply, dw Purchmer, may coos, de work to ba arformd by be most capdhiom means available W it, and the Seiler shall pay all cows conewimod wits such work. The Seller shall relemc be Nmhmer and its ..,rectors of any net from all liability and claims of any ha ure multi,, from the pedurmance of such work. This relemc shall apply even in the event of fault of negligmvc of the party relcoscd and shall rxmad to the direcban, officers and employees mfauch parry. 1'he Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmlrss be Purchmer from any and all claims far infrngemenr by reason of the use of such patented d,sign, dervicr, material or process w connection with the comma,. and shall Ndemnify the purchaser for my cost, expenw, or damage which it may be obliged to pay by ¢anon of such infringement at any time during be prosaution or after the completion of the work. In case said equipment, or any pan turner or the intended use or be goods, is in such sus, held an mmtigte infringement arW the mr, of said rycipmrnl or pan is enjoined, the Seller shall, at its an expense and et is option, either procure for the Purchaser the right as count. mtng said equipment or puts, deed. the same with inferentially equal bur neninfdnging equipment, or modify it as it becomes nmdfdngin, 15. INSOLVENCY. If the Seller shall become insolvent or ford mpt make an assignment for the benefit of creditors, appoint a or trustee far any of the Sellers pepmy or business, Nis maker may forthwith c canceled by the Purchaser without liability. 16. GOVERNNG LAW. The definitions orients used or the intetpmmion critic agreement and the rights of all parties hemundn shall be comaved under and gmvemV1 by the laws of the State of Colorado, USA. The following Additional Condition apply only in cases where the Seller is to perform work hereunde, including the services of Sellers Represenulive(s), an the premises of other. It. SELLERS RESPONSIBILITY. The Seller shall Ivry, ou said work an Seller's own risk unlit the same is fully completed and accepted, and shall, in caw of any accident, destmctian or injury 10 the work, and/or courriak before Sellers final completion and maplance, complete this, work at Sellers awn expense and to the satisfaction of the Pmchaer. When mormals and alutpmrrrl are Rowboat by orders for installation or erection by the Senn, the Sella shall receive, ml.d, &rare and handle same at be site and bacco a lnporesible therefor as dough such coariaH andtor V Vipmrnt wort being furnished by the Seller under the oakar. Ile. INSURANCE. The Seller shall, at his own expne, provide for the payment of wmkm compensation, including occupational dismse benefits, to its employees employed an or in connection with the work .veld by this pumbese Oder, andor to their dependents in accordance with the laws of be was Or which the work is On be done. The Seller shall also carry comprehensive general liability including, but not limited to, cnntmctual and automobile public liability imumnce wire bodily injury sad death limits of at lVat 5300,000 for any one Amon, S500,000 for any one occident and property damage limit per accident of S400,000. The Seller shall likewise require his umractma, if any,1. provide far such compensation and insurance. Before any of the Sellers or his sman ors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such corm rmaion and insurance have been provided. Such certificates sha11 specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees cast such compensation and imumnce shall be mmnmmad until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass mdae entire responsibility and liability for my- it all damage, loss m injury of any kind r nature wheruever to pero , or property canted by or resulting from be exemhon ardor work provided for in this Purchase order or in connection bemvoth. The Seller will Ndemarcy and hold hamaless be Purchnser and my or all of the Enactments olErm, agents and employees from and against any and all claims, Imes, damages. charges or expenses, whether direct or indirect, and whether an persam or property to which be Purchaser may be pm or subject by reawo of my rah when, rreglal, omission or default m the pan of the Seller, my of his contractors, or any of the Sellers or contractors oHicm, agents or employes. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents m employees in my time on account or by reason of any act, action, neglcd, omission or default of the Seller of my of his comrmgrs or my of its or their otlicm, agents or employees as aforesaid, the Sella hereby agrees W assume the defense thereof and En defend the same 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 Purchm r or any of its or their officers, agents or employees in such suits or other prmeedtng&, and in case judgment or other lint or placed upon or obmind against the property ofthe Purchase, or said parties in or as a result of such suit, mother proceedings, the Sells will at o.. cause the same lobe dissolved and duchi rged by giving bored or otherwise. The Seller and his contmemrs shall rake all safety praautiam, furnish and instill all guard nmessary for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limilmron, the Occupational Safety and Health Act of 1970 and all elm and regWatiom issued pmsuant herto. Revised 012014