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HomeMy WebLinkAbout501805 DAVID FARSTAD MD - PURCHASE ORDER - 9122820PURCHASE ORDER PO Number Page City ofPURCHASE 9122820 t of z ' `t Collins This number must appear 1 on all invoices, packing slips and labels. Date: 05/17/2012 Vendor: 501805 Ship To: POLICE DEPARTMENT DAVID FARSTAD MD POLICE SERVICES 37158 SOARING EAGLE CIRCLE 2221 TIMBERLINE ROAD SEVERANCE Colorado 80550 FORT COLLINS Colorado 80525 Delivery Date: 05/16/2012 Buyer: ED BONNETTE Note: PER ATTACHED INVOICE Line Description Quantity Ordered UOM Unit Price Extended Price 2011 Contract payment 1 LOT LS 7,500.00 Medical Services Total $7,500.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exenmption Number is 11. NONWAIVER, 98-IW502. Federal Excise Tax Exemption Certificate of Registry R4-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39--26, 114 (a), exercise any rights or remedies previdal herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Sella of Goods Rejected. GOODS REJECTED due to failure to mod specifications, either when shipped or due to defects of any of the wxrentics or obligations of this purchase order and shall not be doomed a waiver of any right of the damage in transit, may be rctumed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict Performance herenfor any of its rights or remedies as to anv such goats, regardless insmiclinns from the Cityof Fort Cnllins. of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can rcsadt in 12. ASSIGNM ENT OF ANTITRUST CLAI MS. 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, overehumes resulting From antitrust ACCEPTANCE is dependent upon complain ofall applicable required inspection procadn as. vinlminns arc in fact borne by the Purchaser. Thcrcrofom. for good cause and as consideration for executing this purchase enter, the Seller hereby assigns to the Purchaser anv and all claims it may non have or hercaner Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating In the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pu uou t to this purchase order, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance Where manuface m s have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to 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 arc made from greater distance. may cause the work to be performed by the most expeditious means acailahle to it, and the Scllcr shall pay all cuts assaiatcd 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 rules 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 harness floor and against all liability and loss incurred by them by reason of an asserted or established %relation of any such laws, regulations, onfinances, talcs and requirements. Authorization. All panics to this contract agree that the representatives arc. in fact. bona fide and posses full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein scl forth and any supplementary or additional toes and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby njjeded. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifymu cannot make complete shipment In 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 the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the sent of any delay, the Purchaser shall have, in addition to other legal and equitable ¢medics, the option ofpincing this order elsewhere and holding the Seller liable for damages. 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 a ithmn its fault ofnegligeecc, such acts of God, acts ofcivil or military authorities. governmental priorities, fires, strikes. Bad, epidemics. wars 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 first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods. articles, materials and work covered by this order will ennfnnn with applicable drawings, specifications, samples and/or other descriptions 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 nature. The Seller agrees to hold the purchaser harmless firm anv loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Scllcr shall replace, repair or make good, without cost to the purchaser, any dcfeets or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranry provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting firma imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers I inbilny hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wurantics or guarantees, but such liability shall in no went include loss of prefix 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 terms by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to fir deletions from the quantifies originally ordered in the specifications or drawings. by verbal or written change owes if any such change affects the amount due or the time ofperformanec hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all potions of the goods then not shipped. subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prlits on the uncompleted ponin l 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 any goods which arc the Sellers umdam i strick. No such termination shall relieve the Purchaser or the Seller of any of their obligations; as to any goods delivered herou der. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is Pill R. COMPLIANCE WITH LAW. The Seller wam, at, 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 Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffacd by the Purchaser as a result of th< Scllcrs failure Ira comply with such law. 9. ASSIGNMENT. Neither party shall assign. immfia, or convey this order, or any monies due or to become due hereunder without the prior wrinen consent of the other party. 10. TITLE, The Seller warrants full. clear and unrestricted title to the Purchnnr for all equipment materials, and items furnished in Performance of this agreement, free and clear of any and all liens, restrictions, resenalion5, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contactors of any tier from all liability and claims of any nature resulting from the perfornonce ofstmh work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officersand employees of such party. The Scllcrs contractual obligations, including warn my. 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 pmcess covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harm less the Purchaser fmm any and all claims for in fringenuot by reason of the use of such patented design, dwiee, material or process in connection with the contract, and shall indcntnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or alter the completion of the work. In case said equipment. or any part thereof or the intended use of the goods. is in such suit held to constitute infringement and the rise of said equipment or pan is enjoined, the Seller shall. at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with .substantially equal but noninfringing equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors. appoint a receiver or Po stet for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tcrw used or the intap relation ofthc agreement Pull the rights ofall parties hereunder shill be eonarucd under and governed by the laws of the Star of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Repmsalinve(s), on the premises ofethas, 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's nwn risk until the lime is fully completed and accepted, and shall, in case of any accident. destruction or injury to the work and/or materials before Seller's Final completion and acceptance, complete the work at Sellars own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc furnished he others for installation or erection by the Scllcr, 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. Ili, INSURANCE. The Scllcr shall. at his own expense, provide for the payment of workcts 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, contractual and automobile public liability insurance with bodily injury and dram limits of at lea.¢ s300.000 for any one Pcrann. S500.009 far any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees xhall do any work upon the premises of others, the Seller shall fumish the Purchaser with n certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compenc umn and insurance tame been Provided, Such certificates shall specify the date when such compensation and insurance expires. The Seller agres 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 rcspnnsibility and liability for any and all damage. loss or injury Many kind or nature whatseia to persons or property caused by or resulting from the execution ofthe work pmvided for in this purchase order or in connection herewith. The Seller will indcntnify and hold harness the Purchaser and any or all of the Purchasers officers. agents and employees fmm and against any and all claims, losses, damages. ehargey 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, action, neglect. omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees 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 its or their omcers, 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, anomeys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their omcers, 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 suits or other pmceedings, 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 precautinus, furnish and install all guards necessary for the prevention of accidents comply with all lases and regulations with regard to safcN including, but without limitation, the Occupatinnul Safety, and Health Act of 1970 and all odes and regulations issued pursuant thereto. Revised 03/2010