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HomeMy WebLinkAbout499991 COLORADO HEALTH MEDICAL GROUP - PURCHASE ORDER - 9140373 (3)PURCHASE ORDER PO Number Page City. of PURCHASE 9140373 t of z Flirt Collins lints This number must appear /�„!I\V`I ` V ` 1 1 on all invoices, packing sli s and labels. Date: 10/03/2014 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 AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description ""°""`y UOM Unit Price =xrenueu Ordered Price 4 Colorado Health Medical Group 1 LOT EA 5,000.00 Drug & Alcohol 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&cgov.com Total Pay terms net 30 days 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 Too Collins is exempt fmm stare and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-61100587 is mitigated with the Collmmr of Failure of the Purchaser to imist upon snip performance of the now and conditions hereof, failure or delay to Inbrawl Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26. 114 (a). aims any rights or remedies provided herein or by law, fed lum to promptly notify the Seller in the event of a breach, the acceptance of., payment fate goods hereunder., approval of the design, shall not release the Seller of Goods Rejeded. GOODS REJECTED due to failure a 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, may be returned to you for credit and we not to be replaced except upon receipt of written purchaser to insist upon saner perfnmance humfor any afro rights or remedies as to any such goods, regardless mannelimns from the City of Fort Collins. of when shipped, received or incepted, as to any prior or subsequent default hereunder, nor shall any pinformal oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tames Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Reempl of the merchandise, services or equipment in responow to this cover can r exult in 12. ASSIGNhJENf OF ANTITRUST CLAIMS. authorised payment on on the pan of the City of Fort Collins. However, it is to be understood thatFINAL Seller and the Porcbasim recognize that in actual economic practice, overcharge resulWg fmm optimal ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fazt home by the Purchaser. Theretofore, for good eause and as consideration for executing this purchase order, the Seller hereby ovskew to the Purchaser any and ell claims it may now have or hereafter Freight Tenn. Shipments most be FOB,, City of Fon Collins, 700 Wood Sk, Pon Collins, CO 80522, unless acquired under federal or sub antitrust laws for such overcharges filming to the Particular goods or services otherwise specified on this order. If pmnission is given te prepay freight and charge separately, the original freight purchased or window by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for parking will not be accepted. Ift PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment from thee. Weere manufacture. here distributing and xts cess various parts erword from Invoice when is Purchaser Purchaser thdirects lhe dSellerte Seiler the nonconforming is debility or unwillingness n shy a dategness to be comply, t upon by the shipment farm the nearest distribution point to destination, and excess freight will be deducted Iran Invoice when Purchaser and the Seller, and rise Sellery the west expeditions its inability ormoable to it, a m comply, the Purchaser shipments are made from greater Ji%mncc, nary cause me wed te b, perforated by the most expeditious spa. available la i,, and the Seller shall pay all cysts assnciateJ with such work. Permits. Seller shall procure nit sellers sole cost all necessary permits, cenincotes and licenses required w ell applicable laws, permitted, ordinances and rules of accounted cute, d public mrti ha or political subdivision where the work is performed, , refies tl by any other duly mmlimled public emhodry having j insdi llion over the work of vendor. Seller further agrees to holm the City of Fan Collins eafm y s fmm and against all liability and loss incurred re teem by reason often aaened or aublishM violation of any such lass, regulations, oadinanca, rate and requirements. Amhmriamion. All Or. to this crammer agree lam the repma natives arc, in fact, bona fide and possess full mid complete aothenty m bind said panics. LUvU TAT10N OF TERMS, This Purchase Order expressly limits acceptance f the terms and conditions aimed herein set forth and any supplementary or additional terms ..it conditions mmexN hereto w inewfusbd httem by reference. Any additional or different bons and conditions proposed by seller um oejecbd 1. and hereby rejected 2. DELIVERY. PLEASE, ADVISE PURCHASING AGENT immediately ifyou cannot nuke complete shipment to mmw on your promised delivery dale as noted. Time is of the essence. Delivery and performance most be effected within the lime stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanfal late deliveries, shall operate as a waiver of this provision. In the cent of any delay, tat Pwvhwow shall have, in addition to other legal and om iuble remedies, the apfen of placing this other elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages m a result of delays due to cares not reasonably foreseeable which are beyond I. unnameable eunaol mad without its fault of negligence, such ems of God, acts ofeivil or milimryauthorities, govemmenul priorities, fires, strikes, ❑ond, epidemics, worse, riots provided that notice of the conditions causing such delay is given to the PurcM1aar within five (5) days of the time when the Seller lout received knowledge thereof. In the event of any such delay, the data of delivery shall be extended for the period equal to the time actually lost by reason olthe delay. 3. WARRANTY. The Seller warrants that all Kurd%, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples umber other descriptions given, will be fit for the puryoses intended, and Performed with the highest degree of care and competence in accordance with rompawl standards for work of a similar canoe. The Seller agrees to hold the Purchaser harmless from any loss, damage or expense which the Purchaser may suffer or inner on account of the Sellers breach of war4nty. The Seller shall replace, repair or make gaol, wifew cost to IM1e pmebaur, any &fee. or fact. arising within cm (1) year or within such longer Pedad of time as may be presmbed by law or by the terms ofmy applicable woman, provided by the Seller after the date of acceptantt of the goods battered hereunder (acceptance not in be unreeuaubly delayM), resulting Bom imperfect or de@hive work done or materials famished by the Seller. Acceptance or use of goofs by the Purchaser shall not omtitate a waiver of any claim under this warranty. Except w otherwise provided in this purchase order, the Sellers liability hereunder shall extend to at I damages proximately caused by the breach of any of the foregoing waranees or guarantees, but such liabiliry shall in no event include loss of profits or loss of use. NO IMPLIED WARRAN fY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make cloWes to legal no. by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the arms, other than legal tent., including abutments m or deletions fmm the quantities originally ordered in the specifications m drawings, by verbal or written change order. If my such change offer. the amoum due or the aim, of pcafomwce hereunder, an equitable adjastmen shall be made. 6. TERMINATIONS. The Purchaser may at any time by .,,it. change order, taminme this samement as . any or all paniom ref the .nods then not shipped object to any equitable adjnstmew between he panics as many work or materials then in progress provided that the Purchaser shall not be liable for any eluims lot anticipated profits on the uncompleted portion of the goods amber work, bit meradenbl or consequential damages, and that no such adjustment be made in favor of the Silber wilh crispier m any goods which tee the Sellers standard stock. No such wourrinlion shall relieve the Purchaser or the Seller crony oftheir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim the adjaslmenr muss be ascend within thirty (30) days from the date the change or termination is oadeaseL 8. COMPLIANCE WITH LAW. The Seller warrants Nat all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goads are subject. The Seller shall execute and deliver such documents as may be restudied to effect or evidence compliance. All laws and regulations required] to be Inew wrnted in agreements f,his eharacte, are hereby commenced herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prim written conceal ofe other party. 10. TITLE. The Seller warren. full, clear and umesnice d title w toe Purchaser for all pRopmenl, materials, and items famished in perficarrearace of this agrecmem, free and clear of my card all lima restrictions, resmatioas, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any per from all liability and claims of any nature resulting from the performance of such work. This minew shall apply even in the cent of fault of negligence of the party releasM and sbull extend a0 the directors, oRcers And employees of such party. The Seller's mmmetml obligations, including warranty, shall not be deemed to b< reduced, in any way, because wish 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 homeless the Purchaser form any and all claims for infringement by reason of the use of such pntcated design, device, material or process in connection with the contract, and shall indemnify the Purelsoct for any cost, expense or damage which it may be obliged an pay by reason of such infringement et any time during the prosecution or after the completion of the work. In case said equipmena, or any pan the ed or the intended use of the goods, is in such suit held to comtimte inGngemem and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either prwum for the Purchaser the right to continue using said equipment or pare. replace the same with substantially equal but naninfringiag equipment, m modify it so it becomes noninfringing. IS.INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an aasignm..I for the benefit of creditors, appoint e receiver or watce for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liabiliry. 16, GOVERNING LAW. The definitions of terms used or the interpretation ofe agreement and the rights of all panics hereunder shall be constmed under and governed by the laws of the State ofColamdo, USA. The following Additional Consultant apply only in wass where the Seller is to perform work hereunder, including rube services of5ellers Represen firec(s), an the premise afolhnx 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work and/or materials before Sellers fivl completion and acceptance, complete the work at Selles own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall rceit,. unload. store and handle same at the site and became responsible therefor as though such materials anbrr equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of works compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase coder, mldfr to their dependents in accodanre with the lavers of the were in which the work is on be done. The Seller shall also carry comprehensive general liability including, but not limited to, communist and automobile public liability immunise wif teddy injury and death limits of al least Samantha for my one person. S500." for any one accident aad property damage hmil per accident of S4e0,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and imumnce. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Farmhouse, with a mnificme 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 a0er the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. 'lire Seller hereby assumes the entire responsibility and liabiliry for any and all damage, Ion or injury ofany kind or nature whatsoever to persons or property moved by or resulting from the execution of the work pmvided for in this pumease made, or in connection herewith. The Seller wilt indemnify and hold harmless the Purchaser aam any r all of the purchasers oMe., agars. aad employees from and against any and all claims, looses, damages, charges or expenses, whether direct or indirect, and whether to persam or property to which the Purchaser may M put or subject by reason of any act, action, mcdcan, omission re defeth on the Isar of rho Seller, any of his contractors, or any of the Sellers n, contractors offirms, a'ems or employces. In cam any suit or mher 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 m default of the Seller of any of his co rromme, or any of its or their officers, agents or employees m aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the sarm, .11he Sellers own expense, te pay any and all costs, charges, attorneys 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 employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property north, P... heen or said parties in or as a exult cf such suits or other proceedings, the Seller will at once mass, the same to be dissolved and discharged by giving bond or whereas. The Seller and his contractors shall sale all safety precataions, fmvish and install all guards necessary for the prevention of mciden., comply with all laws and cgulatiom with regard to safety including, but without limitation, the Overalm oral Safety and Health Act of1970 arW all rules and regulations issued pursuant IheMo. Revised 01Q014