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HomeMy WebLinkAbout535280 UNIVERSITY OF COLORADO HEALTH - PURCHASE ORDER - 9146195Fort Collins PURCHASE ORDER Date: 10/23/2014 Vendor: 535281 UNIVERSITY OF COLORADO HEALTH POUDRE VALLEY HEALTH SYSTEM PO BOX 732144 DALLAS TX 75373-2144 PO Number Page 9146195 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 10/22/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Secure Blood Draws 2014 invoices 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.wrn 1 LOT LS 20,812.00 Total Pay terms net 30 days Invoice Address 2.00 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 Farm Collins B exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98414502. Federal Excise Tons Exemption Certificate of Registry 84-6000589 is registered with me Collector of Failure of the Purchaser to insist upon strict performance of the errors and a ditions hereof. failure or delay to Internal Revenue, Deaver, Calom& (Ref Colorado Revised Sututa 1973. Chapter 39-26, 114 (a), exercise any rights or remedies Provided herein or by law, failure to promptly notify the Seller in the event of a breach, the aceefmnce arm paymear, for 600cla hereunder or .,am—] ofthe design, shall not remove the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped ar due 1m defems 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 mo mal tu you far credit and are not to be replaced except upon receipt of written purchaser to insist upon shim perfcannowe hereof or any of its rights or remedies as in any such goods, regardless instructions from the City of Tom Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any p upm ed oral modi licotion or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject 1p the City of Fan Collins inspection on arrival. hereof. Fiat Acceptance. Receipt of me merchandise, se r equipment in tapome at this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aothosired payment on the pm of the City of Tom Collins. However, it is to be understood that FINAL Seller and the Poindexter recognize mat in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon com iesim of al I applicable rami od inspection procedures. violations are in fact home by the Pmchasm. Theremmm, for good cause and as consideration for excouting this Purchase under, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terri. Shipments must be F.O.B., City of Fort Collins, 200 Wood St. Fort Collins, CO 80522, unless acquired under fdeml or state antio-ust laws for such overbarges relating he me particular goods or services otherwise specified on flans order. If pannission is given m prepay freight and charge separately, the ongial freight purchased or acquired by the Purchaser pursuant to this parcMse order. bill most mammal, invoice. Additional charges for packing will nth be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributor, paints an vanons parts of the country, shipment is Ifine Purchaser diners the Seller b corm nonconforming or defective goods by a dam to be agreed upon by me expected from the interval distribution point to datiatioo, and excess height will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater distance. may cause the work to he performed by the moll expeditions means available as it, and the Seller shall pay all cons asmciamd with such work. Pemrils. Seller shall procure at sellers stale cast all necessary permits, cenifcates and licenses required by all applicable Incas, regulalimts, endurances and roles fthe state, municipally, limit., 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 further agrees to hold the City of ran Collins hmmlas from and against .II liability and loss incurred by them by reon of an asserted or established violation of any such laws, regulation, ordinances, roles andsasrryulmmenrs. Audmtizmion. All parries to this contract agree that me momsentatives are, in fact, bona fide and possess full and complete frouniry to bind said proles. LIMITATION OF TERNS. This Purchase Order expressly limits acceproom to the terms and conditions smod herein set Room and any supplcmrntmy or additional at— and canditiom mmexd harem or uninformed herein by ¢fercnce. Any additional or diffbi moms and condoi ess prmosd by seller arc objected at and hereby rejetled. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannel make complete shipment to move on your promised delivery date as noted. Time is of the essence. Delivery and patermince most be a@seed within the lime slated oa the purchase order and the document, attached hereto. No as of the Purchasers including without Iimimrion, acceptance ofpanial late deliveries, shall creme as a waiver of this provision. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of Placing this eMa elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages a a result of delays due to causes not reasonably mresreable which are beyond its reasonable removal aJ without its fault of negligence, such acts of God, acts ofavil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or fiats provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when me Sella firm rmeimil knowledge thereof In the event of any such delay, the dam of delivery shall be, extended for the peril equal as me time actually lost by reawa of me delay. 3. WARRANTY. The Seller warrants mat all goods, articles, materials and work roomed by this order will conform with applicable drawings, specifications, samples manger other desmprions given, will be fit for the proposes internal, and performed with the highest degree of cure and competence in accordance with accepted stanJards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may sutler or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make goof, widmut cast to He 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 terms of any applicable warranty provided by the Seller after the date of acceptance of me goods famished hereunder (acceptance not to be unreasonably delayed), resulting tram imperfect or deralim work done or matdols famished by the Seller Acceptance or tau of goals by the Purchaser shall not onstimte a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately erns al by the breach of any of the foregoing warranties or guarantees, but such liability shall in ro event inalude loss of prof in 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 m legal terms by written change order. S. 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 specilicmiana or drawings, by verbal or comsat change order. If any such change affects the amount due or the time of performance hereunder, as a uimble a ifinsomnl shall be mnde. 6. TERMINATIONS. The Purchaser may ar any lime by written chat, ender, terminate min agreement as to any ar all Insimas admit goods then nor shipped, subject to any equitable adjustment between the parties as to any work or materials then in progreas provided mat the Purchaser shall rim be liable for any claims for anticipated prongs on me ancomplered portion of the grads and/or work, for incidental or rernamential damages, and that m such ndjuatment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such momentum entum shall relieve thc Purchaser or the Seller of my of mein obligations as fo any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date me change or termination u ordered. 8. COMPLIANCE WITH LAW. The Seller waoants that all goods sold hereunder shall have been produced, sold, delivered and famished m slam ompliance with all applicable laws and regulations to which the goofs are subject The Seller shall execute rand deliver such documents as may be required to effect or evidence compliance. All laws and regulation required to be incorporated in ageemads of this character art hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suQeml by the Purchaser as a result i f the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmafer, or variety this ordm, or any morn, due an to become due hereunder without the prior written consent ofthe other petty. 10. TITLE. The Seller warrants full, clear and commicted tide an the Purchase for all equipment, mmeands, and items famished in Inamorata, of this agreemenp free and clear of any and all liens, restrictions, reservalim s. marry a.'.' encumbrances and claims aromas. The Seller shill release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of me patty released and shall extend In me directors, effcers and employees of such pony. qlm Sulkies comramual obllgmmon, including warranty, shall not be deemed on be rduced, in any way, because such work as performed or caused m be Estimated by the Purchaser. 14. PATENTS. Whenever the Seller is required to em any design, device, material of process covered by lamer, ymeat trademark or copyright, the Seller shall indemnify and save homeless fhe Purchaser from any and all claims for infringement by reason of the use of such parented design der ice, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which if may be obliged on pry by reason of tech infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held a constitute infnagemem and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at as option, either procure for the Purchaser the right to continue using said equipment or parts. replace the same with substantially equal but naninfringing equipment, or modify if so if becomes noninfnnging. 15. INSOLVENCY. If me Seller shall become insolvent or bankrupt, make an assigmnem for the benefit of andimrs, appoint a err uustre for any of the Sellers property or business, this order may forthwith be cmakad by the Purchaser without liabiliy. to. GOVERNING LAW. The definitions oftener used or the mo r m anon of the agreement and me fights ofall panics hereunder shall be construed under and governed by the laws ofthe Sam of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprecenativas), on the premises of others. ❑. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Seller's own risk until the same is fully completed and accepted, and shall, in au of any accident, destruction or injury to the work adbr materials before Sellers final completion and acceptance, complete the work at Sellars own expense and to me satisfaction of the Purchaser. When me anals and equipment are famished by comers for installation or erection by me Seller, the Seller shall receive, tan cud, store and handle same an the site aM become responsible therefor as though such materials maker equipment were being finished by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupatioal disease basilica, to its employees employed on in in connection with the work revered by this purchase order, anger to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also any comprehensive Formal liability including. but not limited to, contractual and automobile public habit iry insurance with bodily injury card death limits of at least S300,000 for any one pieon, 5500,000 for my one accident and property damage limit per accident of S400,000. The Seller shall likewise require his coalition., if any, to provide for such compensation and insurance. Before any of me Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cmificate that such compensation and insurace have been provided. Such ceoifmams shall specify the date when such compensation and insumnm have been provided Such certificates shall specify the date when such compensation and insurance expires. The Seller ages Our such compensation and immaace shall be maintained until after me entire work is completed and se"dal. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby ass m s the rntire responsibility and liability for any and all damage, loss or injury crony kind r nvtere whatsoever as pcomis or property caused by or resulting form me execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any of all of the Purchasers officers, agenrs and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or national, and whether to persons or property to which the Purchaser may Is, put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his enactors, or any of the Sellers or contractors officers, agents or employees. In cam 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 contmcmn or any of its or their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense thereof and to defend me same at the Sellers own expense, to pay any and all costs, charges, amomeys fees and othe,expenses, any and all judgments that may be incurred by or obtained ignitor the Purchaser or any of its or their officers, aged or employees in such suits or other proceedings, and in case judgment or rich lien Ix fiscal upon or obtained against the property, of the Purchase. or said pm v. in or as a rtsW, efficient suits in other proceedings, the Sella will at once cause the same to be dissohxd and dischargal by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish ad install a] guards necessary for the prevention of accidents, comply with all laws and regulations with regard 1p safely including, but without limitation, me Occupational Safety and Health Act of 1970 end all roles and regulafions issued pursuant thereat. Revised 0213014