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HomeMy WebLinkAbout256519 DRUG TESTING SERVICES INC - PURCHASE ORDER - 9122745City of Fort Collins Date: 05/14/2012 Vendor: 256519 DRUG TESTING SERVICES INC 1570 HUMBOLDT ST 1 ST FL DENVER Colorado 80218 PURCHASE ORDER PO Number I Page 9122745 1of2 This number must appear on all invoices, packing slips and labels. Ship To: RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS Colorado 80524 Delivery Date: 05/11/2012 X Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price Drug test 1 LOT EA 45.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO 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 $45.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Ternis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Ti, exemptions. fly statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 94-6( MI5R7 is registered with the Collector of Failure of the Purchaser to insist upon strict pter(omancc of the icons and conditions hereof, failure nr delay to Intemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the evenl Of a breach. the acceptance of or payment for good hereunder or approval of the design. shall aril release the Seller of Goods Rejected. GOODS REJECTED due to failure In meet specifications, either when shipped or doe to defects of anv of the asvmnlicc or obligations of this purchase order and shall not be dremed a waiver of any right of the damage in transit, nmy he returned to you for credit and are not to be replaced except upon receipt of written purchaser In insist upon strict performance fervor or any of its rights or ramcdies as In any such goods, regardless instntctinas from the City of Fort Collins. of when shipped, received or accepted. as to any poor or subsequent default hereunder. nor shall any purpnned oral modification or rescission.of this purchase order by the Purchaser operate as a waiver array Of the temps Inspection. GOODS arc subject to the Citv of Fort Collins inspection on arria:il. hereof. Final Acceptance. Receipt of the merchandise, ,crviccs or equipment in response to this order can result in 12, ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment no the pan of the City of Fort Collins. However. it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting from emitus ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in face hone by the Purchaser. Theretofore, for good cause and as concidemtion for executing this purchase onler. the Seller hereby assigns to the Purchaser anv and all cltiims it may now have or hereafter Freight Tema Shipments must be TOM_ City of Fort Collins 7111 Wood St.. Fort Collins. CO 90522. unless acquired under federal Or state nuumsl laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission i, given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill muss aeconmFray invoice Additional charges for packing will Our be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manntacturcrs have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller In correct nonconforming or defective goods by a date in he agreed upon by the expected From the nearest distribution point to destination, and excess freight will be declucted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness In comply. the Purchaser shipments me made form greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs asneimed with such is ark. Permits, Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state. municipality. territory or political sulxlivision where the work is performed, ar rcquircd It, any other duly constituted public authority having jurfsdiminn over the work Of a'.do,. Seller further agrees In hold the City of Fort Collins harmks Form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations arlinances, mles and requircrncntt. Amhodzation. All parties to this contract agree that the representatives arc, in fact. bona fide and possess full and complete authority to bind said panics, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Isms and conditions stated herein svt fonh and anv supplementary or additional terms and conditions annexed hereto or incorporated herein by reference Any additional or different terms and conditions proposed by seller arc objected to rand hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedintcly if you cannot make complete shipnent In arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time ,rated on the purchase order and the documents attached hereto. No nets of the Fare hnscrs including, without I imitatina, acceptance of puniest late del ivories, shall operate as a is river of this provi,inn. In the event of any delay, the Purchnser,hall have, is addition to other legal and equitable remedies, the option of pLrting This order elsewhere and holding the Seller liable for damages However, the Seller shall nut he liable for dentrago, as a result of delay, due to causes nest reasonably fnnesecnhle which arc beyond its reasonable control and without its fault of negligence. such acts of God, acts of civil Or military authorities governmental priorities, fires, strikes. fond, epidemics, on is or rims prided that notice of the conditions caticine 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 dcl ivcry shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller ..at., that all gourd. articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and pufomed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hari from any loss, damage or expense which the Purchaser mov suffer or incur on account of the Sellers breach of wamnty. The Scllcr shall replace, repair or make good. without cost tothe purchaser, any defector fault arising within anc (l) year or within Bach Iongcr periodof time as may be prcmribed by Iry or by the tents of rany applicable warranty provided by the Seller after the date of acceptance of the goods furnished hercundv (acceptance not to be unreasonably delayed), resulting form imperfect or defective is ark done ar materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warm my Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend in all damages proxiamtcly mused by the breach n(any Ofthe fregaing wamntics or guarantees, but such liability shall in no meat include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAI. TERMS. The Purchaser nmy make changes to legal terms by written change rimer. 5. CHANGES IN COMMERCIAL TERMS. The Parehzscr may make any changes to the terms, other than legal terms, including additinas to or deletions from the Tonalities originally ordered in the specifications or drawing,, by verbal or written change order. If any such change affect the amount due or the time of performance hereunder. an equitable adjustment shall he made. h. TERMINATIONS. The Purchaser may at any time by written change order, temitmc this agreement as to any or all Variants of the goods then not shipped, subject to any equitable adjustment between the Panic, as to any work or materials then in progress provided that the Purchaser shall not be liable for any claim, for anticipated profits on the uncompleted portion of the goods and/or work. for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any gaud which arc the Scllcrs standard stuck. No such termination shall rcliccc the Purchaser ar the Seller ofany, oftheir obligations as to tiny goods delivered herenmdor. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is unkrcd. R. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, cold, 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 compliancc. All laws rand regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Seller, failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order. or any monies due or to become due hereunder without the prior written consent of the other patty. 10. TITLE. The Seller wamny full, clear and unrestricted title to the Purchaser for all equipment. materials, and items banished in performance of this agreement. free and clear of any and all liens, restrictions resen:mions, security interest encumbrances and claims of Others. The Seller shall release the Purchaser sad its contractors of any tier from all liability and claims of any nature resulting From the performance ofsch wok. This release shall apply even in the event of fault of negligence of the ram released and shall extend to the directors, officers and employees nfsuch party. The Sellers contractual obligations, including wamnry, shall not be deemed to be reduced, in any way, because .such work is Perfumed or caused in he performed by the Purchaser. 14. PATENTS. Whcncvcr the Seller is rcquircd to asc any design, device, material nr process covered by letter, patent. trademark or coPYright. the Scllcr shall indemnify and save harmless the Purchaser from any rand all claims for infringement by rcasan of the use of s ch patented design, device. mmcrial or Voters, in connection with the contract, nod shall indemnify the Purchnscr for tiny cost, espouse or damage which it Tatty be obligal to pay by reason of such infringement at any time during the prosecution or after the completion critic work. In case said equipment. or any part there for the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pad is enjoined, the Scllcr shall, at its Lou expense and at its option, either procure for the Pnrchtiscr the right In continue using said equipment or pads replace the same with sih,simmilly equal but noninfringing equipment. Ormadify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall beconnc insolvent Or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmstec for any of the Sellers progeny or business, this order may forthwith he canceled by the Purchaser without Iirdit 16. GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and the right Ofnll parties hereunder shall be construed under mad governed by the law, Of the State of Cnlomdo, USA. The following Additional Conditions apply only in cases wherc the Seller is to perform work hereunder. including the services Of Scllcr Rcprcscnmtive(,), ran the premises Of others. 17. SELLERS RESPONSIIIILITY. The Seller shall carry tun said ,cork at Seller's own risk until the mane is fully completed and accepted. and shall, in case of any accident, destmelion or injury to the work and/or materials before Seller's Final completion and acceptance, complete the work at Scllcr, non expense and to the satisfaction of the Parchacer, When materials and equipment arc famished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle smnc at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IR. INSURANCE. The Seller shall, al his own expense. provide for the payment Of workers conmpensation. inchuling oceupntinnnl disease benefits. In its employees employed on or in connection with the work covered by this purehnse enter, and/or to their dependents in nttnrdnnce with the Imc, of the state in which the work is to he done. The Seiler shall also carry comprehensive general liability including, hot not limited to, contractual and automobile public liability insnnnce with hodily injury and death limit, of at (cast S300.006 for may one person, S500,000 for any one accident and pmpeny damage limit per accident of S400.000. The Seiler shall likewise require his contractors if any, to provide for such enmpens urn and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Scller shall famish the Purrchmer with a certificate that such compensation and insurance have been Provided. Such certificates shall 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 that such compensation and insurance shall be maintained until after the entire work t, completed and accepted. 19. PROTECTION AGAINST ACCIDI-NTS AND DAMAGES. The Seller hereby assume, the entire responsibility and liability for any and all damage loss or injury ofany kind or nature whatcm%cr to persons or property caused by or resulting from the execution afthe work pmvidcd 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, ngenta and employees Firm and against say and all claims, losses damages. charges or expenses. whether direct ar indirect. and whether to persons or property to which the Purchaser may he pot or subject by reason of any net action, neglect omission or default on the pan of the Scllcr, any of his contractors or any of the Sellers or contractors officers, agents or employees. In ease any suit or Other proceedings shall be brought against the Purchaser, or its officers, agents or "oldryces at any time on account or by reason of any act. action, neglect omission or default of the Seller of any of his contractors or any of it, Or their officers, agent., or employees as nfresaid, the Seller hereby agrees to assume the defense thereof and to dcfcnd the smnc it the Sellers own expense, to pay any and all cost. charges, attorneys fees and other expanses. any and rll judgments that may he incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in ,such suits or other proceedings. Ond in case judgment or the, Iicn be placed npno or obtained against the property of the Purchase. or said parties in or as a result nfsuch suits or other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving hand Or otherwise. The Seller and his emuracmrs shall lake all safcty precautions, furnish 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 talcs and regulations issued Pursuant theretu. Rcvi,ed 03/201n