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HomeMy WebLinkAbout446619 NORTH RANGE BEHAVIORAL HEALTH - PURCHASE ORDER - 9123162City of F,.6rt Collins PURCHASE ORDER Date: 05/31/2012 Vendor: 446619 NORTH RANGE BEHAVIORAL HEALTH ISLAND GROVE REGIONAL TREATMENT CENT 1300 N 17th AVE GREELEY Colorado 80631 Delivery Date: 05/30/2012 Note: Line Description 1 2012 Detox & Mental Health PER RENEWAL LETTER DATED NOVEMBER 23, 2011 C3. O✓la.�-uQ J� 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 PO Number Page 9123162 1of2 This number must appear on all invoices, packing slips and labels. Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 TIMBERLINE ROAD FORT COLLINS Colorado 80525 Buyer: Quantity UOM Unit Price Ordered 1 LOT , LS Total JOHN STEPHEN Extended Price 97,966.00 $97,966.00 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stamne the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 1 L NON WAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the teats and conditions hereof, failure Or delay to Internal Revenue, Denver. Colomdo (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (n). cxercisc any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of n broach, the acecintmocof or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to Poilurc to meet specifications, either when shipped undue to defects of any of file warmniics or Obligations of this purchase order and shall not be deemed a waiver of any right Of the danmgc in transit may be returned to you for credit and arc not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereof orany of its rights or remedies as to any such goods, w ardless instructions from the City of Fort Collins. Of when shipped, received Or reclined rs to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Pum user operate as a waiver of any of the terms Inspection. GOODS are subicct to the City' of Fon Collins inspection on arrival. 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 no 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 proecdures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase oiler, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fen Collins, 700 Wood St., Fort Collins, CO 90522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods Or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchnsed or acquired by the Purchaser pursuant to this purchase orden bill must accompany invoice. Additional charges for packing will mottle accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the century, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall procure at sellers sole cat 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 (inner agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, onlim urces, rules and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess foll and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incogrormed herein by reference. Any additional Or different terms and conditions proposed by Scllcr 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 file time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation acceptance of partial lire dclivenes, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other Icgal and equitable remedies, the option ofpincing this order clsewhem 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 arc bcvond its reasonable control and without its fault of negligence, such acts of God, act of civil or military authorities, governmental priorities, fires, strikes, food, epidemics. ware or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of she time when the Seller first received knowledge thereof. In the went of any such delay, the date of delivery shall be extended for the period equal to the time acmn By lost by reason of the delay. }.WARRANTY. The Seller wtmms that all goods, 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 performed with the highest degree of care and competence in incendiary with accepted studanis for work of a similar nature The Seller agrees to hold the purchaser harmless fmm any lops, damage or expense which the Purchaser may .suffer or incur on account of the Sellers breach of wamnw. The Seller shall replace, repair or make good. without cost to the purchaser, any defects or faults arising within one (I I year or within such longer period Of time as may be prescribed by law or by the terms of any applicable waranty provided by the Seller aBe, the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed). resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or rise of goods by the Purchaser shall not constitute a waiver of any claim under this worm my. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of anv of fhc foregoing warranties or guarantees, but such liability shall in no event include loss nfpmfits Or loss ofa,, 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 terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or dmo ings, by verbal or written change Order. If any such change affects the amount due or the time ofperfomance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written chance order, terminate this agreement as to any or all portions of the goods then not shipped subject to any equitable adjustment between the parties as to any 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 ern such adjustment be made in favor Of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser Or the Seller of any of their obligations as really goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment nmst be asserted within thing (30) days from the date the change or omnination is Ordered. S. COMPLIANCE WITH LAW. The Seller wamnts 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 unit deliver such documents as may be required to effect or evidence compliance. All Imes and regulations required to be incormalled in agrcemcns of this character are hereby incogsemted herein by this reference. The Seller agrees to indenmify and hold the Purchaser harmless From all costs and damages sttRered by the Purchaser as a result ofihe Sellers Endure to comply with such law. q. 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 parry. 10. TITLE. The Seller wamnts full, dear and unrestricted title to the Purchaser for all equipment, matcrinls, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations. secunty interest encumbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or tow illingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it. and the Scllcr shall pay all costs nssociuled with such work. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any Oil urc resulting from the performance of such work. This release shall apply even in the went of fault of negligence of the parry released and shall extend to the directors. officers and employees of such piny. The Seller's eontmetunl obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to uscany design, device. material or process covered by lener. patent, torrential, or copyright, the Seller shall indemnify and save hnmless the Purchaser from any and all claims for infringement by reason ofihe use of such parented design, device, material or process in connection with the contract and shall indemnify the Purchaser totally cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any port thercof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or Von is enjoined. the Seller shall, at its own expense and at its option, either procure for the Purchaser till right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankmpt make an assignment for the benefit of eredimrs. appoint a receiver Or trustee for any of the Sellers property or business, this order Only forthwith he canceled by the Purchamnviihmn liahilu, 16. GOVERNING LAW. The definitions oftcrns used Critic interpretation ofihe agreement and the rights ofall panics to rmmdcr shall be consimeul under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to Perfecto work hereunder, including theseniecs Of Sellers Rgprescmmive(s), on the premises Ofoheos 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 any accident dcsimction Oo injury to the work and/or materials before Seller's final completion mod acceptance, complete the work at Seller's own expose and to the satisfaction of the Purchaser. When materials ,and equipment are furnished by others for installation Or erection by the Seller, the Seller shall weri,c. 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 crier. IS. INSURANCE. The Seller shall. at his own expense, pmvide 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 ofihe state in which the work is to be done. The Seller shall also carry comprehensive general liability including, bill not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at Ierst S?ool for any One person, S500,006 for any one accident and property danmgc 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 ]its contractors employees shall do any work upon the premises Ofafhers, the Seller shall inrush the Purchase, with a eerttficatc 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 is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. I lie Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of anv kind Or nature whatsoever to persons or property caused by or resulting from the execution of the work provided fnr in this purchase order or in connection herweith. The Seller will indemnify and hold harailess the Purchaser and any err all of the Purchasers oRcers, agents and employees from and against any and all claims, losses. damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be pit or suhiect by reason of any act, action, neglect, omission or default on the part of the Seller. any Of his eontmctors, 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 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 Officers. agents or employees is aforesaid, the Seller hereby agrees to resume the defense thereof and to defend the same al the Scllcrs own expense, to pay any and all costs, charges, atmmcys 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 employee' in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings. the Seller will at Onee cause the same to he dissolved and discharged by giving band err Otherwise. The Seller and his contrncors shall take all safety po cwtious, furnish and install dl guards necessary for the prevention of accidents. comply with all laws and regulations with regard to stiffly including, but without limitation, the Occupational Safety and I lenhh Act of 1970 and all rules and regulations issued pursornt thereto. Revised 03/2010