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HomeMy WebLinkAbout173497 SPRADLEY BARR FORD LINCOLN OF GREELEY - PURCHASE ORDER - 9152218City of /111"VF,�or_t Collins Date: 04/15/2015 PURCHASE ORDER PO Number Page 9152218 1of3 This number must appear on all invoices, packing slips and labels. Vendor: 173497 Ship To: FLEET SERVICES - MAIN SHOP SPRADLEY BARR FORD LINCOLN OF GREELEY CITY OF FORT COLLINS 4901 29TH ST 835 WOOD ST GREELEY CO 80634 FORT COLLINS CO 80521 Delivery Date: 04/14/2015 Buyer: DOUG CLAPP Note: 2015A Lease Purchase quote/ state bid Replaces unit's 1119, 21025, 21053, 21050, 11061, 11083, 21071, 21047, 11074, 11014, 1189, 11000, 11030, 1149, 1169, 11091, 11087, 11086 Line Description Quantity UOM Unit Price Extended Ordered Price 2016 Ford Utility Police AWD 1 LOT EA 493,398.00 Intercep. - qty (18) - w/ spot ref. quote dated 12/31/14 per John Wieneke 2016 Ford Utility Police Interceptor AWD with spotlight - $27,401.00 (1) extra key - $10.00 total cost each = $27,411.00 quantity required - 18 vehicles 18 x $27,411.00 = $493,398.00 Dept: Police Deliver vehicles and title documents to: Fleet Services Shop 906 W. Vine Street Fort Collins. CO 80521 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com City of �,,F.�orlt Collins PURCHASE ORDER PO Number Page 9152218 2 of 3 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Contact: Greg R. ph# 970-221-6613 ** please call 24 hours prior to delivery ** shop hours 7:30am to 3:30pm 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 Total $493,398.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com V21T IMMOOy .'sir _rr ear. r. ear Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tents and conditions hereof, failue or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Stamm 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of m payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure in mad specifications, either when shipped or due in defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in transit, may be returned to you for credit and are not in be replaced except upon receipt of written purchaser m insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported end modification or rescission of this purchase order by the Purchaser operate n a waiver of any of the tarns Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services in equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust lows for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given an prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges fur packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller In correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point in destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all costs associmed with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mles of the state, 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 Fort Collins harmless from and against all liability and loss incurred by them by reason of an asscned or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the temts and conditions stated herein set forth and any supplementary or additional rums, and condition annexed hereto or incorporated herein by reference. Any additional or different terms and condition proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of die Purchasers including, without limitation, acceptance of partial lam deliveries, shall operate as a waiver of this provision. In the event of any delay, The Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damagos. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, govemmenal prionfies, fires, strikes, flood, epidemics, wan or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fiat received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time wholly lost by mason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specification, samples sandier other description 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 aware. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be uwassombly delayed), mulling from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall riot constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability heremida shall extend to al I damages proximately caused by the breach of my of the foregoing warmum or guarantees, but such liability shall in no event include loss of profits or Ion 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletion from the quantities originally ordered in the specificafions or drawings, by verbal or written change order. if any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as in my or all portions of the goods then not shipped, subject in my equitable adjustment between the parties m to my work or materials then in Progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard stock. No such termination shall relieve the Purchasff or the Seller ofany of their obligations as in any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days four the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller wananta that all goods sold hereunder shall have been produced sold delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required in be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pwchncr harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmafa, or convey this order, m my monies due or to become due hereunder without the prior written consent of the other patty. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumished in performance of this agreement, free and clew of my and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tiff from all liability and claims of any nature resulting from the perfortmance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to 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 harmless the Purchieff from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged in pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or my part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Sella shall, at in awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but nommiringing equipment, or modify it s , it becomes nownfringing. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers properly or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of meats used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Condition apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 17, SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. 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 as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own 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 this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, command and automobile public liability insurance with bodily injury and death limits of at lent $300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of when, the Seller shall famish the Purchaser with a certificate that such compensation and announce have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the dale when such compensation and inswounce 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 assumes the entire responsibility and liability for any and all damage, loss or injury of my kind or aware whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, ration, neglect, omission or default on the pan of the Seller, my of his wutrecrors, or my of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officas, agents or employees at my time on account or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or my of its or their oficas, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to 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 Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in can 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 suit or other proceedings, the Seller will at once cause the same in be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, Amish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010