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HomeMy WebLinkAbout277398 CHOICE TOWING - PURCHASE ORDER - 9150699City of art Collins Date: 01/30/2015 Vendor: 277398 CHOICE TOWING 1605 E LINCOLN AVE FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9150699 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 01/29/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price t 2015 Towing 1 LOT LS 2,200.00 Cover cost of towing for fiscal 2014 per terms and conditions of Bid# 7514. All Towing to be upon request of City personnel only. 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 Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state ab local taxes. Ow Exemption Numbs is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon and pert once ofthe terms and conditions hereof, failure or delay to Internal Revenue, David, Colorado (Ref. Colorado Revised Station 1973, Chapter 3926, 114 firr exercise any rights or remedies provided herein or by law, f r lure to promptly notify the Seller in the event of a branch, the acceptance for payment for good hereunder, err approval of the design, shall not release the Seller of Good RejectN. GOODS REEC `1 D due or failure m meet specifications, eider when shipped or due to de@crs of any of the warranties or obligations of this purchase odd and shall or be commit a waiver of say right of the damage in transit, may be reamed to you for credit and are not to be replaced except upon receipt of carmen purchaser to insist upon strict performance here.for any of its rights or remedies as to my such good, regardless instmetions from He City of Ford Collins. of when shipped, reucivcd or accepted, as or my prior or subsequent defanh hereunder, nor shall my purported Orel tvadifcation or remission of this pumhasc order by tie Purchuer operate as a waiver of my of the terms Inspection. GOODS art subject to the City of From Collins inspection on consul. hereof. Format Acaprearri Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUSTCLAIMS. authorized payment on the pan of the City of Pon Collins. However, it is to be mdetstood thal FINAL Seller end the Purchased magnum Out in at.[ economic practice, overcharges, moulting from mtitmst ACCEPTANCE is dependent upon completion ofall applicable requital inspection procedure. violations art in fact home by the Purchaser. Theretofore, for good reuse and as emssideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments most W F.O.B., Coy of Fon Collins, 700 Wood SL, Pon Collins, CO 80522, unless acquired under fnteul or stare antitrust laws for such overcharge relating to the pmimlar good or advlca otherwise specified on this order. If Permission is given to priority freight and charge sryamtely, the original freight purchased m acquired by the Purtharer pursuant o this purchase order. bill most accompany invoice. Additional charge for packing will not be arttptal, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufecmeers base devnbming in. in various parts of the country, shipment is Ifthe Pooduro r directs the Seller to coned nonconforming or defective goods by a date to W agreed upon by the expected f m the nearest distribution point to destination, and excess freight will be dNnded from Invoice when Prichard and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greaid distance. may cause the work to be performed by the most expeditious minas available to it, and the Seller shall pay all costs asSwcialed with such work. Pamirs. Seller shall procure at sellers sole cost rill necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and ales ofthe stoic, 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 to hold the City of Tom Collins harmless from and against all liability and loss recurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, ales and noboo m ors. Authorization. All parties in this contract agree that the representatives are, in fact bona fide and possess full end complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance f the teats and conditions sated herein set forth and any supplementary or additional terms and conditions annexed hereto or m arpnured herein by reference. Any additional or different teats and conditions proposed by seller are objected to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment in move on your promised delivery date as poled. Time is of the essence. Delivery and perfomance must be effected within the time stated on the purchase order and the documents artached halo. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaa shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. Howevd, the Seller shall not be liable for damages as a msuh of delays due to acts not reasaably foreseeable which am btyand its reeoable mewl and without to fault ofnegllgmce, such acts of God, ads ofeivil or military authorities, governmental pdorities, firms, sources, Rand, epidemics, wars or nots provided that mice of the conditions coming such delay is given to the Producer within five (5) days of the time whim the, Seller fro received knowledge thereof. In the evem of my such delay, the date of delivery shall be exteMnt for the period goal to the time arnully lost by reason order, delay. 3. WARRANTY. The Sella warrants that all good, ankle, maenals and work covered by this order will conform with applicable drawings, specifications, sampler andror oiler descriptions given, will be fit for she purposes intended, and perforated with plc highest degrre of care and competence in acwNance, with accepted standard for work of is similar noture. The Sella agrees m hold the purchaser bamtlos from any loss, damage or expense which the Purchua may sorter er incur on oeaum of the Sellers breach of warmny. The Sella shall replace, repay of make good, without rust to the purchase. my deferu or butts..,I, within ware (1) year a word. such hanger period of time as nay be prescri cal by law or by the terms ofany applicable wamanry provided by the Seller after the date of acceptmre of the good famished hereunda (acceptance not to be commensurably delayed), resulting from imperfect or def Live work done or materials fumishnt by the Seller. Acceptance or cove of goods by the Purchased shall or com inate a waive of any claim under this warranty. Except as otherwise provided in this pashas[ add, the Sellers Liability hereunder, shall extend to all damages proximately caused by the breach of any of the foregoing wananties or Promises, but such liability shall in no event include loss ofprofits 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 urns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser, may make any changes to the tenor, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the ransom due or the time of pnfnmance hereunder, an equitable adjustment shall be nude. 6. TERMINATIONS. The Purchaser may at any time by written change Order, terminate this agreement as to any or all portions of the goods then not Shipped, subject to tiny equitable adjustment between the parties as to any work or malenuls then in progress provided that the Purchaser shall or be liable for any claims for anticipated profits on the uncompletnt portion of the Scrod md/or work, for incidental or mmsryuential damages, and Out no such adjustment be made in favor of the Seller with respect to my goods which art the Sellers standard stack. No such fabrication shall relieve the Porcbaaer, of the Seller of my aflbeir obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be mrened within thirty (30) days boom the date the change or rermiatiot is ordered. S. COMPLIANCE WITH LAW. The Sella warrants that all good sold remainder shot] have been produced, sold, delivered and Famished in stria compliance with all applicable laws and regulations to which the good are subject. The Sella shall execute and detiva such documents as may be required no effect or evidence compliance. All Laws and regulations rquired to be incorporated in agrtements of His chmadd are bereby incorpomred herein by this referenre. The Sella agree to indemnify and hold the Purchuer hmmltas from all costs and damages sr flernt by tie Purchaser ea a tcuh Of tie Sellers failure to comply with such taw. 9. ASSIGNMENT. Neither party shall assign, hare(, or convey this order, of any monies due or on became due he reuttda without the prior wom cat3iml of the other party. 10. TITLE. The Sella wattmts full, clear and unrestricted title to the purchaser for all equipment, materials, and items fumishnt in perfo==Ce of this agreement free met clear of my and all liensns , marrictio, reservations,security o, rity interest encumbrances and claims poll The Sella shall refuse the Purchaser and its contractors of any tie from all liability and claims of any nature resulling from the performance of such work. This release shall apply even in the evem of fault of negligence of the party releasnt and shall extend to the directors, oBid. and employee of such pony. The Seller's mntmclual obligations, including warranty, shall not be decmed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required muse any deign, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamdes the Purchaser Gom any and all claims for infongetnem by reason of the use of such painted design, device, maedal or process in connection with the contract, and shall indemnify the Provider for any cost, expense or damage which a maybe obliged to pay by reason of such infringement many time during the prosemrion or add the completion of the work. In case said diamond, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, tie Seller shall, at its own expense and at its option, either revenue for the Purchaser the right m continue using said equipment or pans, replace the same with subsumially equal but noninfringing equipment, or modify it so it becomes noninGngie" 15. INSOLVENCY. If the Sella shall become inimical or bankrupt, make an assignment for the benefit of creditors, appoint a fievivad or trustee for any of tbe Sellers property or business, this order toy forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions effector want or the interpretation ofthe agreement and f rights of all parries hereunder shall be convinced under and goscmed by the laws ofthe Sale ofColoado, USA. The following Additional Conditions apply only in cads where the Sella u in perform week hereunder, including the sm'ico m'Sellcn Representa idds), on the pmnise ofbmers. 17. SELLERS RESPONSIBILITY. The Sella shall cony on said work M Scllcfs own risk until the same is fully completed and acetpred, ad dull, in case of any accident, destruction or injury to the work and/or mammal, before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the government. When materials and aquipmml are famished by oilers for insulation or erection by de Seller, the Seller shall rei mload, store and handle acme in the site and become responsible therefor m though such materials mNor quipmimr were being finished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by ties purchase order, and/or to their dependents in accordance with the laws of the spate in which Use work is to be done. The Seller shall also tarty comprehensive general liability including. but rim limited to, economical and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, $500,000 for any one accident and property dzmaW 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 contractors employee shall do any work upon the premises of others, the Seller shall burnish the Purchaser with a cenifiome that such compensation and insurance have been provided. Such certificates shall specify the dale when such mpensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance epires. The Seller agrees that such compemsation and insurance shall be maintained until other the entire work is completed and amepmd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby comma the filim raponsibiliy and liability for my and all dari loss or injury ofany kind r atum whensoever to persons or property caused by or reaching from the execution of the work prodded for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r dl of the Purchasers effects egook; and employees from aM against any sad all claims, lasso, damages, rumors or expenses, whether direct or indirect, wood whether to persons or property to which the Purchase may be put or subject by reamn of my act. action, neglect, omission or default on the pm of the Sella, any of his contractors, or my of the Sellers or contraction ofrds, agents or employees. In case my suit or other proceedings shall be bought against the Purchuer, or its ifcers, agents or employees at my time on acmmt or by reaon of my act, action, retitled, omission or default of the Sella of any of his contramps or my of its or unit olEc ens. agen , or employees u aforesaid, the Sella hereby agree to assume the defense thereof and to defend the move at the Sellers own expense, no pay my and all costs, charges, atfineys fees and other drperaes, any and all judgments that may be incurred by or obtained agt ies, the Purchasa or my of its or then caftan, agents or cmployecs in such was or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purehssd, or said panic in or as a result of such raids or otter proceedings, the Sella will at once muse tie same to be dissolved and discharged by giving bond or otherwise. The Mid aM his contractors shall bake all safety predictions, famish and instill all guards necessary for the Intervention of accidents, comply with all laws and regulations wof regard to safer, including, but without limiaton, the Occupational Safety and Heald, Ad of 1970 and all roles and regulations issual pursuam ueeto. Revised 07/2014