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HomeMy WebLinkAbout499991 COLORADO HEALTH MEDICAL GROUP - PURCHASE ORDER - 9140373 (2)PO PURCHASE ORDER 914037er Page City O'f40373 1 °f z ' `tCollins( This number must appear ` v on all invoices, packing sli s and labels. Date: 05/27/2014 Vendor: 499991 COLORADO HEALTH MEDICAL GROUP PO BOX 732031 DALLAS TX 75373-2031 Ship To: RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/14/2014 / Buyer: PAUL, GERRY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS ANlJ/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS S�ECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH 90ODS AND/OR SERVICES. Line Description Q antity UOM Unit Price Extended rdered Price 3 Colorado Health Medical Group 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:purchasingQ° fcgov.wnn 1 LOT EA 15,405.98 Total 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of For Collins is exempt from state and local taxes. Our Exemption Number is ILNONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-W O587 is oppsmrW with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure Or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Samtes 1923, Chapter 39-26, 114 pd, exercise any rights or remedies provided herein or by law, failure to promptly notify the Sal let in the event of a breach, the acceptance .for payment for goods hereunder or approval of the design, shall not release the Seller of Gaols Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, nay be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict perfrmance hemoor any of its rights or remedies res to any such goods, wgindless cancerous from the City of Part Collins. of when shipped, received or accepted, as to any prior or subssquent default hereunder, nor shal I any purported oral modification or rescission of this promote order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of For Collins inspection on wit hereof. Final Acceptance. Receipt of the merchandise, service s or equipment in response to this order can r esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized puymmi on the part of the City of ForCollins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actuA economic practice, overcharges resulting from tormush ACCEPTANCE isdepenlwoupon completion ofall applicable required inspection procedures, violations are in fact home by the Purchaser. Thembakne, faand cause and as consideration Onexectiing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.OHr City of For Collins, 000 Wood St., Fort Collins, CO 80522, unless acquired under federal or .is antitrust laws for such overcharges relating to the particular goods or services otherwise specified On Nis alder. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursaont to this purchase order. bit] most wou reanv invoice. Additional chanties for oackine will nut be accented. Shipment Distance. Where manufacmren have distributing points in .pars of me country, shipment is expected from the nearest dOodommin ,at to destination, and excess freight will be deducted from Invoice when shipments are made form greener distance. Pertain. Seller shut] procure at sellers sole cost all n«essary permits, cerilcates and licenses required by all applicable Incas, regulations ordinances and rules of the state, municipality, mmtory or political subdivision where the work is performed, or comired by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fudw, agrees or hold the City of Par Collins harmless from and against all liabillry and loss ineurml by them by reason of an covered or established violation of any such laws, regulations, ordinances, miss and romirements. Authariaabou All parties to this customer agree that the representatives are, in fact, bond Ode and possess full and omplete..,boom an 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 massed hereto or incorporated herein by reference. Any additional or different tams and conditions proposed by seller are objected to and hereby jeered. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery data as noted. Time is of the essence. Delivery and performance most be effected within the time stored on fire purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance apparel late deliveries, shall operate as a waiver of this provision. In the asset of any delay, the Probsco r shall have, in addition m other legal and academic remedies the option of placing Nis 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 in reasonable control and without its fault of negligence. such acts of God, acts ofcivil or military authorities, gmammerml priorities, fires, strikes Used, 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 fire Seller fnm received knowledge thereof. In the event of any such delay, the data of delivery shall be extended for the paned equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants 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 accordance with accepted standards for work of a similar .tare. The Seller agrees to hold Ne purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur an account ofthe Sellers breach of wamaaty. The Seller shall replace, ratio it or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer pencil of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller it,, the time of acceptance office goods fmished hereunder (acceptance not m be unreasonably delayed), reading from impermr or defective work done or orders], famished by Ne Sella. Acceptance or usa of goods by the Purchaser shall and accounts a waiver of any claim under Nis warranty. Except ex substance provided in this purchase when, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in rue event include loss of profits 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 lama by written change .her. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, mher than legal soma, including millions to or dderious from the quantities originally ordered in .be specifications or drawings, by cabal or wriire r change under. If any such change aO2cts the account due or the time nfperfomranee hereunder. an equitable adjustment shall tre made. 6. TERMINATIONS. The Purchaser may, of any rime by action. change mden lemmmm Nis agreement as to any or all poniom of the goods Nen not shipped, subject in any yoitable adjustment between the Entries as to any work or materials then in progress provided that me Purcban shall car be liable for any claims for anticipated p nfies on the uncompleted Innion ofthe good awFor work, for incidental or mmax ruchal damages, and that no such adjustment be made in favor of the Seller with respect or any good which are me Sellers srara l stock. No such mrmmation shot] relieve the Purchaser or the Seller of any aftheh obligations as to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days form the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller .octants Nat all gaud sold hereunder stall have been pra kervd, sold, delivered and fumishW in who compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute am deliver such documents as may be exyrox[ to agent or evidence compliance. All laws not regulations requite) to b, incorporated in ageements of this character are hereby incorporated herein by Nis reference. The Seller agents to indemnify and hold the Purchaser harmless I. all emts sad damages sulfa d by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither N^Y shall assign, mrespa. or ..say Usher, or any, monies due or,. become due hcceuode, without the prim wmren conned, afthe older parry. 10. Fill The Sella warrants full, clew and unrat icled title to the Purchase, far all equipment mmeriaB, and items fmished in performance of this agreement, fare and clear of any and all it., restrictions reservations, seunry interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direcos 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 unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditious means available 1. it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any whore resulting from the pefurmance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such body. The Sellers contractual obligations, including warranty, 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 process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inftingaro nt by reason of the use of such pmamed design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such inGngement at any time during the prose Lion or oiler the completion of the work. In case said equipment, art any par tharof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or par is enjoined, the Seller shall, at its own expects and at its option, either procure far the Purchaser the right m continue using said amipment or pars, replace the same with substantially equal but noninfringing cruipment, or modify it so it becomes noninfringing. . 15. INSOLVENCY. If the Seller shall became insolvent or bout mpt, make an acsignmenl for the benefit of creditors, appoint a or awme for any of the Sellers propeny or business, this order may forhwllh be cancflad by the Purchaser with... liability. 16. GOVERNING LAW. The definitions of teems used or the interpretation ofthe agreement and the rights of all parties hereunder shall be cowed under and governed by the laws afhe State ofColomdo, USA. The fallowing Additional Conditions apply only in moses where the Seller is to perform work hereunder, including the sanne s of Sellers Represenatoo hd, on the practises ofothas, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the mine is fully completed and waffled, and shall, in are of any accident, destruction or injury to the work andor materials befre Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mnterals add equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become rtspomible thsrtfw as though such materials aadMr tyuipinem were being famished writes Sella We, the order. 18. INSURANCE. The Sella shall, at his own experes. 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 purchaw order, =Nor to their dependenm in accordance wi$ the laws of the smut in which the work is to be done. The, Sella shall also carry comprehensive gmeml liability including, but Out limited to, contractual and automobile public liability imumnc with bodily injury and death limits of at least S30fl for any one Person, S500,000 for any com accident and property damage limit per accident of S400,000. The Seller shall likewise require his if any, to provide for such cormaxamom and inveramence. Before any of the Sellers or his mntmctors employees shall as, any weak upon the premise of others, the Seller slut] famish the Purchaser with a certificate that such compensation and insurance have been provided. Such mrsfiaoes shall specify the dam when such compensation and inmmrme have been prm'ided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and imurenic shall ho mainminW until after the enter, work is compldel and accepted. 19. PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Sella hereby mssamca the entire magodentu ity and liability for any and all damage, loss or injury Unity kind war naum what ever to persom or property caused by or resulting from Ne execution ofthe work provided for in this purchase order or in connection lmmwith. The Seller willtm mnify aM hold handless, the Purchaser and any r all of the Purchasers officers, agents will employees f and against any and all claims, losses, damages, charges or expemes whether direct or inducal, and whether to persons or pmpery to which the Purchaser may b, p r or subject by reason of any cot action, rice lad, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contactors oRcas, agents or employers. In case any suit or other proceedings shall be brought agairtst the Purchaser, of its allicars, agents or employ=$ or any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his evolmcmrs or any of its or their officers, agents or employees as aforesaid, the Seller hereby agates to assume Ne defense therrof and or defend the same al the Sellers own experue, to pay any and all rose, charges, whada ys fees end mar, expenses, any and all judgments that may be inured by an obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the popery of the Purchaser, or said paries in or as a result ofmch suits or other proceedings, the Seller will at urns cause the same to be dissolved and disc ,W by giving bond or otherwise. The Seller and his contactors shall take all safety prwamiam, furnish and install all guard necessary for the pm'ention of accidents, comply with all area and regulations with mill m safety including, but without limitation, the, Occupational Safety and Hca1N Act of 1970 and all rules and regulations issued pursnam thereto. Revised 03R010