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HomeMy WebLinkAbout277398 CHOICE TOWING - PURCHASE ORDER - 3215341Fort Collins Date: 01/14/2015 PURCHASE ORDER PO Number Page 3215341 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 277398 Ship To: STREETS DEPARTMENT CHOICE TOWING CITY OF FORT COLLINS 1605 E LINCOLN AVE 625 NINTH STREET FORT COLLINS CO 80524 FORT COLLINS CO 80524 Delivery Date: 01/14/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2015 CONTRACTUAL 1 LOT LS 8,000.00 to cover the cost of sublet towing services for fiscal year 2015. All towing requests shall be made upon the City personnel only and shall be accompanied by an invoice or job ticket including unit number. Reference Bid # 7514 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 000ds and/or services. Total Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.wm 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 Fort Collins is exempt fmm actuarial local taxes. Our Exemption Number is 95-04502. Federal Excise Tax Exemption Cenificae of Registry g4-6000597 is registered with The Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stawtes 1973, Chapter 39-26, 114 (a). Gods Rejected. GOODS REJECTED due to failure to meet specifications, either Ohm shipped or due to defects of damage in Transit, may be returned o you for credit and arc not To be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City officer Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this other c.an mean, in authorized payment on the part 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 Tears. Shipments most he F.O.B., City of Fan Collins, 000 Wood St, Too Collim, CO 80533, umess otherwise specified on the order. Ypermission is given to prepay freight and charge separately, the original freight bill must accompany invoom. Additional charges for packing will Out be accepted. Shipment Distance. When manufacturers have distributing points in vanom pans of the country, shipment is expected from The racist distribution point to destination, aM excess freight will he deducted from Invoice when shipments are made from greater disance. Permits. Seller shall comm, at sellers sale can all maradary permits, certificates and licusams required by ell applicable lass, regulations, rffiances and roles of The state, mtmich.lity, territory m political mbdivision where the work is performed, or micira by any other duly national public authority having piniftaion over the work of vendor. Scller further agrees to hold The City of For Collins hornless from and against till IinbiI it, and lass incurred by then by reason of an asserted or nablished violation of any such laws, regulations, ordinances, roles and requirements. 11. NONWAIVER. Failure of the Purchaser to insist upon strict pert of the area and cone itiom berml, failure To delay T. any rights remedies Provided herein ure or by law, failto promptly notify the Seller in the event of a rea bch em the acceptance odor paymmt for goods hereunder m approval of the Mim, shall cot Out. the Seller of any of The warranties or obligations of this pumbuse order and shall not be deemed a waiver infinity right of the purchaser To insist upon strict performance hamf or any of its rights or remedies as To any such goods, regardless of when shippd, received or accepted, as in my prior or subsequent default hereunder, nor shall any ptuported oral mWifimtion or rescission of this purchase other by the Purchmer operate as a waiver of any of the terns Facing. 13. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchwer recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for good muse and TO, comideratron for executing this puchau offer, the Seller hereby azsigrat To the Pumhaser any and all claims it may now have or handler acquired under facial in state antitrust laws for such overcharges relating To the Particular goods or services purchased a acquired by the Purchaser, pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to aped nonconforming in defective goods by a date to the agreed upon by the Domineer and the Sella. and The Seller thereafter un icams its nubility a unwillingness to comply, the Purchaser may cause The wmk to be Performed by the most expeditious mcam available o ifl, and the Seller shall pay all costs aamamed with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting form the perm nee.fsuch work. This mImse shall apply even in the event of fault of negligence of the pony release and shall extend to The directors, officers and employ., of such patty. Authorization. All parties to this contract agree That the representatives are, in fact, bum Ede and possess full and The Sellers contractual obligations, including waranty, shall not be deemed to be reduced, in anyway, because complete authority as bind said parties. such work is Performed or caused o be parboma by the Puchaer. LIMITATION OF TERMS. This Putebase Order expressly limits acceptance t. the ream seal condition sa,a herein set forth add any mpplemmtary or additional it. and conditions amazed hem. or baoryorated herein by comment. Any additional or different terms and conditiomproposed by seller art objected o ad hereby junta. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you enema make complete shipment to mir, on yore promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without [imitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, The Purchaser aholl have, in addition to other legal and equiable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Howeveq The Seller shall not be liable for damages w a result of delays due to causes not reasonably foreseeable which are beyond its reasonable council and without its trial, of negligence, such acts of Gad, acts of civil or military authorities, g.vemmaa] pri.fine,. fires, strikes, 11.1, epidemics, wars or rims provided that notice of the conditions 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 rywl to The time actually lost by reason ofthe delay. 3. WARRANTY. The Sella warrants that all goods, articles, mattr alv and work rovered by this order will conform with applicable drawings, specifications, samples adkrm other deseriptioas give% will be fit fro the purposes internal, and performer with the highest degree of care and competence in acmfdance with accepted standards for work of a similar came. The Sella agrees TO bold the forchase, harmless from any loss, damage or expeme which the Purchaser may suffer or incur on account of the Sellers breach of wammry. The Sella shall replace, repir or make good, without cast to The purchaser, any defcts or faulty arising within one (1) year or within such longer period of Time az may be prescribe by law or by the term ofary applicable wamanty provided by the Sella.9a the dose of acceptance of the goods famished hereunder (acceptance not to be comasonably delayed), resulting from imperfect or defective work done or materials fumished by the Seller. Acceptance or we of goads by the Purchaser shall no, constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, The Sellers liability hereunder shall extend a al I damages proximmely caused by the breach of any Of the freguing warranties or guarantees, but such liability shall in no event include lass ofprofits or lass of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make Thompson legal terms by written change mda S. CHANGES IN CONIMERCUU. TERMS. The Purchaser may make any changes TO the team, other than legal terra, including udditiom to or delesiom fmm the quantities originally offered in The aped fcatioe, or drawings, by verbal or wration change order. If any such change infects the amount due or the Time ofper6rmance hereunder, an ryuiable adjwtmen, shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement in to any or all portions of the goods then nod shipped, subject to any ryuiable adjustment between the patties as to any work or maerials then in progress provided in., the Purchaser shall not be liable for any claims for anticipated profits an the uncompleted portion of the Goods andsa, work, for incidental or consequential &, merges, and that no such adjustment be mode in favor of the Seller with reaped m any goods which arc the Sellers standard stock. No such Termination shall relieve the Purchaser or the Sella of any orthci, obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be, attired within thing (30) days from The date The change or termination is offered. g. COMPLIANCE WITH LAW. The Sella warrenn, That all goods sold hereunder shall have ban produced, sold, delivered and fumished in strict ompliance with all applicable awe and regulations to which the goods me subject. The Sella shall execute aM deliver such documents as may be reported to effect or evidence compliance. All laws and regulation; rryuired to be ncorpomed in agreements of this character art hereby unconfirmed herein by This reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser in a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, trom&d or convey this order, or any monies due or to became due hereunder without 'he 'fine written consent ofhe offerpony. 10. TITLE. The Seller wemnts full, clear and umestrieta title to the Purchaser for all equipment. motai ile, and items fumished in pagrarianism of This agreement, free and clear of nay and all lien, restriction, reservations, security interval encumbrances aed claims ofothers. 14. PATENTS. Whenever the Sella is required to use any design, device, material in process covered by letter, Patent, trademark r copyright, the Sella shall indemnify and save handless the projector fmm any and all claims for infringement by reaon of the use of such panted design, Mica maeral or process in caaection with the contract, and shall indemnify the Pumhaur for any cost, expense or damage which it may be obliged to Pay by reaun of such infringement at any time during the prosecution m after The completion of the wark. In case said egrimtern, or any pan thereof or the intended use of the goods, u in such suit held to constiture infringement and the me of said equipment or pat is enjoined, the Sella shall, at its own expense and at its option, either practice for the Purchaser the right to continue wing said equipment or pans, replam the same with substantially equal but noninfringing equipment, or modify it so it becomes noninMnging. 15. INSOLVENCY. If the Seller shall become insolvent or bamkntpq make an assignment for the benefit of creditors, appoint a receiver or Trustee for any of the Sellers property or business, this order may forthwith v conceded by the Pmchoser without liability. 16. GOVERNING LAW. The definitions of terra used or le, interpretation of tha agreement and the rights of ell parties hereunder shall be construed under and govamed by The laws ofe State of Colorado, USA. The following Additional Conditions apply only in cases where The Sella is To perform work himunder. including the services of Sellers Rcpuunative(s), on The premises ofathem. I]. SELLERS RESPONSIBILITY. The Sella shall tarty on said work at Sellers own risk until the same is fully completed ad wispiest, and shall, in ase of any accident, destruction or injury to the work and/or materials before Sellers Mal completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Fatalism. When materials and equipment are 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 in Though such materials and/or equipment were being fumished by the Sena under the offer. 18. INSURANCE. The Sella shall, at his awn e.pewn, provide for the payment of workers compeream , including occupational disease benefits, to its employees employed on or in coueaion with the work covered by This purchase order, mrcor TO Their depauslo s in mmrdance with The Imes of the state in which The work is in be done. The Seller shall also carry, comprehensive general liability including, but Out limited to, mnt l and automobile public liability insurance with lamly injury and death limits of at limit S300.000 for any we person, S5m o0o for any ne accident and property damage limit per accident of S4N,000. The Seller shall likewise capture his c ontractors, if any, to Provide for such compensation and iauramne. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, The Seller shall f mish the Pmchat with o cenificaTe that such compensation and insurance have been provided. Such cmificmes shall specify, the date what such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees That such compensation tad immune shall be maintained until ale, the afire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respremibility and liability for any and all damage, loss or injury of any kind r ware whatsoever to persons or property caused by or resulting from The execution of is work provided for in This purchase ,it,, or in connection herewith. The Seller will indemnify ad hold harmless the Pachaza and any r all of The Purchasers affairs, agents and employees from and against my and all claims, lasses, damages, charge or expemes, whether direct m hishmm, and wha ham to pemww or property no which the Purchssa may be put or subject by reason of any act, action, implied, omission or default on the pan of The Sella, any of his conuactme, or any of The Sellers or mntmaetors Officers, agents or employees In case any suit or other proceedings shall be brought agaim, the Purchaser, Or its officers, agents m employees at any time on xmun' or by reason of my jet, ct, omission or default f The la of of tors or its or Their officers, agents Ortemployeess as forearid, the Seller hereby lagrces ayassume the defense therreoffand to defend the same at the Sellers own expense, to pay any and all costs, charges. Toomeys fees and other expenses, any and all judgment, 'hot may be incurred by or obtainer against the Purchased or any of its or their mfew s, 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 Purchaser, or said parties in or as a result of such suns 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 shall take all safety p coutiom, fumish and install all guards necessary fro The prevention of accidents, comply wit all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules rand regulations issued pursunt there.. Revised 07/2014