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HomeMy WebLinkAbout461367 WORKWELL OCCUPATIONAL MEDICINE - PURCHASE ORDER - 9140372 (2)PURCHASE ORDER PO Number Page City Of//��►►OIlI 9140372 1 of 2 ' `t Collins This number must appear ` 1 1 on all invoices, packing sli s and labels. Date: 05/27/2014 Vendor: 461367 WORKWELL OCCUPATIONAL MEDICINE 205 S MAIN ST SUTE C LONGMONT CO 80501 Ship To: RISK MANAGEMENT CITY OF FORT COLLI 215 N MASON, 2ND FORT COLLINS 8 Delivery Date: 01/14/2014 Buyer: PAUL, GERRY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF G09KS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUN7S SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM) OF S H GOODS AND/OR SERVICES. Line Description / Quantity UOM Unit Price Extended Ordered Price z Work Well Drug & Alcohol Testing 4 Work Well Medical Monitoring 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 1 LOT EA 1 LOT EA Total Invoice Address: 1,872.00 16,025.00 Kill] 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 statute the City of For 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 Purchas,, to insist upon spot perfrmanee of the tams and conditions hereof, fume or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Saates 1993, Chapter 39-26, 114 (a). exervise any rights or remedies provided 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 ofthm design, shall noueleas, the Seller of Goods Rejected, GOODS REJECTED due m filure m net specifications, either when shipped or due to kDr,, of any of the warranties or obligations of this purchase offer and shall not be deemed a waiver of any right of the damage is vansit, may be rcmned to yen for credit and are not to be replaced except upon receipt of wrnat purchaser in insist upon strict performance hereof or any of its fights or remedies as to any such goads, regardless instructions from the City of fort Collins. of when shipped, received or acceptN, us to any poor or subsequent default hereunder, nor shall any purported am] mdi fication or rescission of this purchase offer by the Purchaser operate as a waiver of any of the terns Inspption. GOODS are subject as the City of For Collins inspection on spread 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 par of the City of ForCollins. 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 up on completion Pratt applicable wgmmdPwp,,ion procedures. violations are in fact borne by the Purchaser _Theremfore,nFar good cause and as consideration for executing this purchase offer, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be FOB,, City of Fort Collins, 700 Wood Sr. For Collins, CO 80522, unless acquired made, federal or strip antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order, if permission is given to prepayFreight and charge sepaarely, the original freight pumM1ased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 1ft PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance, Wheremanution rerpoi have destindbon, and points invariouspars oCthe ceuain Invoicepment when If the Purchasereandteelller and to Seller nonconforming oinability goods ornwbyadess to be complyde ain by the Purchaser shipment, Cam .dohe firre meatebution point m destination, and excess CreigM rill be dducmd from Invoice when .,a, Purchaser and theSellerto and the Sellerytheaftaindiceditiou inability or it, f he Seller Purchaser sM1ipmenls ere made from 6reatee distance. may rouse ate work to be perforated by the most expeditious morns available to it, and the Seller shall pay all vests associated with such work. Permits. Seller shall peace,, at sellers sale cost all necessary permits, arrifieates and licenses required by all applicable laws, regulations, ordinances end rules oflhe saie, numora eloy Nrimry or political subdivision where the work is performed, or required by any other duly eonsti mated public amM1ority having jurisdiction over the work of vendor. Seller [oche, agrees In hold the Cry of For Colliers harriers from and against all liability and loss incurred by them by reason of an assened or established violation of any such laws. no ifli to ts, ordinances, roles and requirements. Authorization. All parties ,,this contract agree that the representatives are, in fact, bone fide and possess full and complete authomy to bind said paries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance in the Nuns and conditions stated herein act Roth and any sinplemcnary or additional arms and conditions annexed hemo or incorporated herein by ,Of ..a.. Any additional or different terms sad ce alcom, mepased by seller ace objected In vnd hereby jrvk L 2. DELIVERY. PLEASE. ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to active on your promised delivery date as noted. Time is of the essence. Delivery and perfmance must be effected within the lime stand on the pureliase order and the documents attached hereto_ No acts of the Purchasers including, without limitation, acceptance of parial late deliveries, shall operate per a waiver of this provision Re the event of any delay, ,he Purchase, shall have, in addition to .,her legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a instill of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its bad, of negligence, inch acts of God, aces of civil or nuhn ry mot onties, govemmenal pnor,ie, fires, sRadw, , flood, epidemics, wars or dots provided that notice of the conditions causing such delay is given m the Purchaser within five (5) days of the time when the Seller firs, received knowledge thereof, in the event of any such delay, the date of delivery shall be extended for the period equal m the him, actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, arides, recorded and work covered by this offer will program with applicable drawings, specifications, samples and/or other dewnpniuns given, will be fit for the purposes intended, and performed with the highest degree of care and competence in aecoffane, with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser Families from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warunty. The Seller shall replace, repair or make grad, without cost to the purchase,, any defects or faults arising within one (1) year or within such longer period of time res may be presented by law m by the to. of my applicable warar„ y provided by the Salle, are the date of acceptance of the goods punished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Accepance or use of goods by the Purchaser shall non constitute a waiver of any claim unit,, his warranty. Except as otherwise provided in this purchase offer, the Sellers liability hpeuader shall extend to all damages proximately caused by the breach of any of the foregoing warrants Or guaremees, but such liability shall in no event include loss of profits o, loss of ass 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 wrium chum offer 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make say changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the prefectures or drawings, by verbal or wntnrn change order. If any such change affects the amount due or the time of Trimmings, hereonder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change maher, temiasN this of he namearty or all portions t ser, as a ar grads then not shipped, he Par, to any equitable adjustment or anybetween the paries as f any work or the nco fen in progress f the otl that the Purchaser shall not be liable for any claims for anticipated profits on [ire t be uncompleted favoro of the goods and/or work far incidentalgswhir, a.he Seller damages, and that o s such adjustment be made in favor of the SeilerwithSeel respect to any goods which are the Sellers standard stock, ern such termination shall relieve the Purchase or the Seller ofany ofineie obligations as m any goods delivered hereunder. p. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or [ruination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and herniated in suit, compliance with all applicable laws and regumtimw ad which the goods are subject. The Seller shall execua and deliversuch documents is may be reqei[d to effect or evidence compliance All laws and regulations required to be overleco ed in agreements of this cheaper are bereby incrrpomted herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless tram all costs and damages suffered by the Purchaser as a result of the Sellers Di lure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, Nansfe,, or convey this order, or any monies due or to become due hereunder without the Pro, wrown consent fthe other parry. 10, TITLE. The Seller warrants full, clear and unrespeted title to the Purchase for all equipment. materials, and items famished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest eneumbeances and claims of others. The Seller shall relense tun Parehow, and its contractors of any tier from all liability and claims of any nature reaching from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shag extend to the dimesta, 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 perfumed or caused to be performed by the Rundown 14, PATENTS. Whenever the Seller is required to use any design, device, matedal or process covered by letter, patent, tradernark or mpyriglu, the Sella stall indemnify and save harmless fire Purchaser from any and all claims for infnirrO ment by reason of the use of such patented design, device, material or process in connection with the commeq and shall indemnify the Purchaser for any cost, expense or damage which it may b, 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 par thereof or the intended use of the goods, is in such suit held to constitute iufrngement and the use of said equipment or par is enjoined, the Seller shall, at its own expronse and at its option, either procure for the Purchaser site sight to tontine, using said equipment or pens, replace the same with substantially equal but naninfinging quipmenl, err modify it so it becomes noniefdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment to, the benefit of creditors, appoint a receiver or drawn for any Of the Sella, property or business, this offer may forhwuh be canceled by the Purchaser wihont liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be command under and governed by the laws of the State oCColomdo, USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, including the services of'Selure Represemmive(s), on thecases promisee of others. 17, SELLERS RESPONSIBILITY. The Sell,, shall carry on said work m Seller's awn ask until the same is Cully completed and accepted, and shall, in e of any accideat de, rumion or injury to the work amVor materials before Seller's final completion and ac,diddi e, complete the work at Seller's owocare. and m the satisfaction of the Purchased. When mmeriels and equipment are finished by others for installation or erection by the Seller, the Seiler shall receive, unload, store and handle same of the site and became responsible therefor as though such appears and/or equipment was being famished by the Sellerunder 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/orto their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and anlomobile public liability insnrvace with bodily injury said deaf limits of at least $300,nW for any uric person, $500,000 for any e 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 marrourners. Before any of me Sellers or his contractors employees shall do any work upon the premises of others. the Seller shall furnish the Purchaser with a compound that such compensation and insurance have been provided. Such cernficaca shall speciry the date when such compensation and insurance have been provided. Such milifreates shall specify the Jam when such compensation and assurance expires. The Selle, apices Char said, 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 reaporebaltry and liability for any and all damage, loss or injury of any kind or nature whatsoever o ppmns or property caused by or resulting from the execution fthe work provided for in this purchase order o, in connection herewith. The Seller will indemnify and hold M1 less he Purchaser and any ce sll of the Par darears oRcees, agents end employees from and again -,any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or propery to which the Purchaser may be put or subject by reason of any act, spurn, neglect, omission or default an the part of the Seller, any of his contractors, or any of the Sellers or contractors ofHcas, 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 accoun, or by reason of any ace, action, neglect, omission or default of the Seller of any of his contracmrs or any of its or ,heir office., agents or employees . amreseid, the Seller hereby agrees to asaame the deD. thuenf and to defend the same a, the Sellers own expense, ra pay any vad all coats, charges, appear, fees and ome, expenses, any and all judgments that may be inured by or obtained against me Purchaser or any of its or their offices, agents or employees in such suits or other proceedings, and in case judgment or the, lien be placed upon or obtained against the propery of the Purebawq or said parties in or ex a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contrado, shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply whir all laws and regulations with regard a safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued purunnt thereto. Revised 03I2010