HomeMy WebLinkAbout255441 HEALTH PROMOTION MANAGEMENT INC - PURCHASE ORDER - 9122885City of
/11 , rt Collins
Date: 05/18/2012
PURCHASE ORDER
0
Vendor: 255441
HEALTH PROMOTION MANAGEMENT INC
730 BURBANK ST
BROOMFIELD Colorado 80020
PO Number Page
9122885 1 1 of 2
This number must appear
on all invoices, packing
slips and labels.
Ship To: HUMAN RESOURCES
CITY OF FORT COLLINS
215 N MASON, 2ND FLOOR
FORT COLLINS Colorado 80524-4
Delivery Date: 05/18/2012 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Health screen/blood draw/admin 1 LOT LS 21,555.91
Per Invoice #4749
Invoice #4749
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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Total
Invoice Address:
$21,555.91
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Ordcr Tem3s and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fart Collins is exempt from state and local taxes Our Exempt inn Number is
99-04502. Federal Excise Tax Excmptinn Cionficam of Registry R4-600f is registered with the Collector Of
Intcmal Revtome, Denver. Colorado (Rcf. Colorado Revised Salutes 1973. Chapter 39-26. 114 (a).
Gouts Rejected. GOODS REJECTED due to failure to meet specificmima, either when shipped or due to defeefs of
damage in transit, may be returned to you for credit and arc not in be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS arc subject to the City of Fort Collins inspection on anis:al.
11. NONWAIVER.
Pailurc of the Purchnscr to insist upon strict performance of the terms and conditions hereof, faille, or delay to
exercise any rights Or remedies pmvided herein or by Imo, failure to promptly notify the Seller in the event of a
breach. the acceptance of nr payment for goods herermder Or approval Of the design, shall not release the Seller of
any of the warranties or obligations of this purchase enter and shall not he deemed a winter of any right of the
Purchaser to insist upon strict performance herief orany of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any porpened
oral modification or rescission Of this purchase order by the Purchnscr operate as a waiver of any of the terms
hereof
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on 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 fmm antitrust
ACCEPTANCE is defcadent upon completion ofall applicable required inspection procedures, violations arc in fact hone by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase oiler. the Seller hereby assigns to the Purchaser tiny and all claims it may now have or hereafter
Freight firms. Shipments must be F.O.D., City of Fort Collins, 7(111 Wood St., Fen Collins. CO 90522. unless acquired under federal or state omit st laws for such overcharges relating to the panicular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchnscr pursuant to this Porches, order.
hill must accompany invoice. Additional charges for packing will not he accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where mumufacumm have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconfioming or defective goods two date to be agreed upon by the
expected from the nearest distribution point to destination. and excess (might will he deducted front Invoice when Pu¢hascr and the Shccq and the Seller there.Rcr indicates its inability or unwillingness to comply, fire Purchaser
shipments arc made from greater distance. may cause the work to be perfumed by the most cxpcdifious means available to it, and the Scllcr shall pay all
costs assneiated with such work.
remits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all
applicable laws regulations, ordinances nad mlcs of the state. municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public amhooty having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and agaiasl all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, onlin laccx, mles
and mquircmcals.
Aulhodzation. All parties to this contract agree that the rcprcsenmtives are, in fact. bona fide and possess full and
complcm anthunty to bind said parties.
LIMITATION OF TERMS. This Purchase Order expect ly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference An, additional or different toms and conditions pmposcd by scllcrarc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT iner diamly if you cannot make complete shipment to active on your
promised delivery date as noted. Time is ofthe essence. Delivery and perfnmance must be effected w'ifhin the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, e'ifhout
limitation, acceptance ofponial life deliveries, shall operate as a waiver ofthis prevision. In the,went ofany delay,
the Purchaser shall have, in addition to other legal and equitable comedies, the option of placing this order elsewhere
and holding the Seller liable for damngcs. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of eegligcace,
such acts of God, acts of civil or military inthoritics, governmental priorities, fires, strikes, fond, epidemics, wars or
riots pmvided that notice of the conditions causing such delay is given m the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event crime such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason offhc delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
dmwings, specifications. samples and/or other descriptions given, will he fit for the purposes intended, and
perfomed with the highest degree of cart nad competence in accordance with accepted standards for work of a
similar nnmre The Seller agrees to held the purchaser harmless from any loss, damage or expense which the
Parehaser may suffer or incur on account of fire Sellers breach of wamnty. The Seller shall replace, repair or undo,
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 gems crony applicable warranty pmvided by the Scllcr after the (laic of
acceptance of the goods furnished hereunder (acceptance net to be unreasonably delayed), resulting lion imperfect
or defective work done or materials furnished by the Seller. Acceptance or nee of grads by the Purchaser shall ram
eonstinae a waiver crony claim under this wamnty. Except as -otherwise pmvided in this purchase order, the Sellers
liability hereunder shall extend to all damages pmximatcly caused by the breach oflow of the foregoing wam, ones
or guarantees, but such liability shall in no event include loss of pmfifs or loss of usc. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY.
4. CHANGES IN LEGAL TERMS,
The Putehascr ram make changes to legal coma by written change ardor.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the toms, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by werhal or written change owner. H any sncl]
change affects the annunt due or the time of performance herermder, an equitable adjn fitment shall he node.
6. TERM INATIONS.
The Purchaser may at any time by written change order, Icminate this agreement as to any or all portions of the
Foods then net shipped. subject to any equitable adjustment between the panics as to any tvork or materials their in
pmgness pmvided that the Parchascr shall not be liable for any claims for anticipmed profits on the uncompleted
portion of the goads author work, for incidental or consequential damages. and that no such adjustment be made in
favor of the Seller with respect to any goad which are the Scllcrs standard mock. No such termination shall relieve
the Purchaser or the Seller Orley ofthcir obligations as to any good delivered herermder.
7. CLAIMS FOR ADJUSTMENT,
Any claim for adjustment most be sacred within thirty (301 days from the date the change or termination is
ordered.
R. COMPLIANCE WITH LAW.
The Seller variants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable latch and regulations to which the goods are subject. The Seller shall execute and
deliver such documents is 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 Purchnscr hamless fmm all costs and damages suffered by the Pnrchascr as a result of fire
Scllcrs failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order. or any ninnies due or to become due hereunder without the
poor it town consent ofthe other party.
10. TITLE.
The Seller wamnts fill, clear and unrestricted title to the Purchaser for all equipment, mat rial%, and items Furnished
in performance of this agreement, free and clear of any and all liens, restrictions, resenations, security interest
encumbrnnccs and claims of ethers.
The Seller shall release the Purchaser and its commctors of any tier fmm all liability and claims of any nature
resulting fmm the Performance french work.
This release shall apply even in the event of fault of negligence of the pane released and shall extend to the
directors. officer, and employees of such any.
The Seller's conlraelual obligations, including wamnty, shall On, be deemed to be rcdnced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PA "TENTS.
Whenever the Seller is requited to nsc any design, dniec, material or process covered by letter, Farm[. trademark
or copyright, the Scllcr shall indemnify and save harmless the Purchaser 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 fur 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 th, work. In ease said equipnmnt Or
any pan thereof or the intended use of the goods. is in such snit held to constitute infringement and the use of
said equipment or pan is enjoined, the Scllcr 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
nnninfringing equipment Or modify it so it becomes nnninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or banknnpt make in assignment for the hencrit of creditors, appoint a
receiver or trustee for any of the Sellers property of business, this order may fnnhw'ith he canceled by the
Pnrchascr without liability.
16. GOVERNING LAW.
The definitions orators used or the interpretation ofthc agreement and the riChtti.fall panics hereunder shall be
con.tmed under and governed by the laws ofthc Stale of Colorado. USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder.
including the services of Sellers Representanve(s), oa the premise, ofethcei.
17. SELLERS R ESPONS IRI LI TY.
The Seller shall cmry to, said work at Sellers own risk until the ,same is fully completed and accepted. and shn11,
in case Of any xeeimlent, deslmetion or injury to the work anal/or materials before Seller's final completion and
acceptance, complete the work at Seller's coon expense and to the satisfaction of the Purchaser. When matcriaL
and equipment arc fornished by others for installation or erection by the SCIICr 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.
IR. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers eompensafife. including occupational
disc... bell to its employees employed on or in connection with the work entered by this purchase order.
antler to their de eni cos in accordance with the laws of the state in which the work is m he done. The Seller
shall also carry comprehensive general liability including, bra not limited to, contractual and automobile public
liability insurance with hodily injury and death limits of err leaf S3na,000 for any arc person. S500.000 for any
one accident and property damage limit per accident of S400.000. The Seller shall likewise require his
emnramors, irony. rat provide for such compensation and insurance. 13c One any of the Sellers or his contractors
employees shall do any work upon the prmniscs ofmhcrs, the Seller shall furnish the Purchaser .with . ecnificate
that such compensation and insurance have been provided. Such certificates shall specifythe date when such
compensation and insurance have been provided. Such cci ificales 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 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 ofany kind
or nature tt'hmnm%cr to persons or property caused by or reselling form the c,wention ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hamless the Purchaser and any
or all of the Purchasers o0iccu, agents and employees fmm and against any and all claims, losses, damages.
charges or expenses, whether direct or indirect, and svhclher to persons or pmpeny to which the Purchaser may
be put or subject by reason of any act, action, neglect, emission or default on the pan of the Scllcr, any of his
contractors, Or any of the RCIICra or entractes Officers, agents or employees. In ease any suit or other
Proceedings shall be brought against the Purchase, or its officers, agents or employees at any time on account or
by reason of any net, action, neglect omission or default of the Seller crane of his contractors or any of its Or
their once s. agents Or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to
defend the same it the Scllcrs own expense, to pay any and all cost, charges, atlrmcys fees and other cxperecs,
any and all judgments that may be incurred by Or obtained against the Purchaser or any of its or their offircm.
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon Or
obtained against the pmpeny fthe Purchaser. or said parties in or as a rcsolt of such suits or other proceedings.
the Seller will at once cause the same to he dissolved and discharged by giving bond or of acm iste. The Seller and
his contractors shall take all safety precautions furnish and install all guards necessary for the prevention of
accidents, comply will, a1I Imes and eegtdatione with regard In safety including. hat without limittnion, the
Occup lional Safety and Health Act of 1970 and all odes and regulations issued pursuant Ihentn.
Revised 03/2010