HomeMy WebLinkAbout499991 COLORADO HEALTH MEDICAL GROUP - PURCHASE ORDER - 9140373 (4)Fort Collins
Date: 11/07/2014
PURCHASE ORDER
Vendor: 499991
COLORADO HEALTH MEDICAL GROUP
PO BOX 732031
DALLAS TX 75373-2031
PO Number Page
9140373 1of2
This number must appear
on all invoices, packing
sli s and labels.
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 Quantity UOM Unit Price Extended
Ordered Price
5 change dollar amount
per Chris D
I4
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:purchasinga@fcgov.mm
`ntel��J
3,000.00
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
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Page 2 of 2
I. COMMERCIALDETAILS.
Tax examines. By Hamm the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04503. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smtmes 1973, Chapter 39-26, 114 (a).
Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and are not to he replaced except upon receipt of written
instructions fmm the City of Fan Collins.
Impaction. GOODS are subject o the City of Fan Collins inspection on arrival.
Final Accepmnre. Receipt of the memhvrdise, services or equipment w response o this We, a mull m
authorized payment on the pan or the City of Too Collins. However, it is to be understood tlal FINAL
ACCEPTANCE a dependent upon completion of all applicable anryiral inspection procedures.
Freight Terms. Ship... must M FOR., City of Fort Collins, ID( Wood St, Fort Collins, CO 80522, unless
otherwise specified on this order. Upermission is given to prepay freight and charge separately, the wittiest freight
bill must accompany invoice. Additional charges for packing will not be accepted
Shipment Distance. Where manifirc urers have distributing points in various pans of the country, shipment is
expected main the nearest distribution Point to da indion, and excess freight will be deducted from Invoice when
shipments are made from greater domnce.
Permits, Seller shall pocvrt at sellers sole cost all racam, persons. certificates and licenses require by all
applicable lass, regulatios, ordimnees and roles of the state, munie fte iy, terriory or political mbdivulmn where
the work is performed, or required by any other duly notational public railway having jushmaion over the work
of vendor. Sella further "a to hold the City of Fon Collins harmless from and against all liability and loss
incurred by them by reason of an usmed or established violation of any such laws, regulations, ordinances, rules
and requirements
Authorization. All panics to this contract agree Our the repraanlotim, are, in fact, bona fide send possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acee,,ame to the tams and conditions strand
herein set foe and any supplementary or additional menu and conditions annexed hereto or incorporeal herein by
reference. Any additional or different terms and condition proposal by seller are objected to and hereby rejoined.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou... make complete shipment o arrive on your
promised delivery date as noted. Time is of the aware, Delivery and Performance most be elm ted within the time
turned on the purchase order and the documents attached here. No as of Ne Pmchvsers including, without
two miou acceptance of partial lam deliveries, shall operate u a waiver ofthis provision. In the event of ony delay,
die Purchase, shall have, in addition a other 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 . a result of delays
due to causes not musombly foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of Card, acts of civil or military authorities, governmental routines, fires, strikes, food, epidemics, wars or
now previded that notice of the conditions, causing such delay is given to the Ptuclmsa within five (5) days of the
time when the Seller first received knowledge Hereof In tlrc event of any such delay, the date of delivery shall be
extended for the pond equal m the If. actually last by reason afNe delay.
3. WARRANTY.
The Seller warrants that all gods, articles, matey a, aM work covered by this order will condition with applicable
drawings, specifications, samples amber other descriptions given, will be fit for rise purposes intended, ad
performed with the highest degree of are and competence in accordance with accepted s undards for work of a
miler aware. The Seller agrees o hold the purchaser harmless fmm any has, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of commit, min, The Seller shall replace, repair or more
good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time sea may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the time of
acceptance of the goods famished hereunder (acceptance not to be unreawttbly delayed), resulting from imperfect
or defective wok done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall or
constitute a waiver of any claim and. thu waranty. Escape as otherwise povidd th this purchase order, One Sellers
liability remainder shall extend to all damages pmximmety caused by the breach of my of the f going %summit,
or guamntas. but such liability shall in no event include loss ofpofts or loss of use. NO IMPLIED WARRANTY
OR MERCHANTA gLITY 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.
1'he Purchum may make any changes in the terms, miser than legal terms, including additions to or deletions from
the quantities originally award in the specificatinm or drawings, by verbal or commas change order. If any such
change officers the amowt due or the time ofperfermsnce maunder, an equitable adjasonat shall be made.
&TERMINATIONS.
The purchaser may at any time by winners change order, terminate this agreement as to any or all portions of the
goods risen and shipped, subject to any equitable adjustment between Nc parries as to my work or ram mats then in
progress provided flm the Purchaser shall not be liable for any claims far anticipated prof. on the uncompleted
Portion of the goods andtor wok, for incidental or consequential damages, and that no such adjustment be made in
furor offire Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for w1justment must be crowded within thin (30) days from the date the change of termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wammnts that ell goods sold hereunder shall have been produced said delivered ad fumuhed in s.cl
compliance with all applicable laws and regulations to which the good are subject The Sella shall execute and
deliver such documents u may be ismied to effect or evidence compllan.. All leis card egulaims impaired to be
incorporated in agreements of this character we hereby incorporated herein by this reference. The Seller agrees m
indemnify and hold Ne Purchaser harmless from all it and damages suffered by the Purchaser u a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pan shall assign, transfer, or convey this order, or any monies due or or became due herewder without the
once wring consent ofthe other par.
10. TITLE
The Sella warmnrs full, clear and unmmetal title to the Purcham for all equipment, materials, and items funushed
in Performance of this agreement. free and elm of my and all Each marricnorss, resetwanons, security interest
encumbmnar and claims of others.
ILNONWAIVER.
Failure of the Purchaser to insist upon stria Performance of rise terms and conditions hereof, failure or delay to
exercise any rights or Tentative provided herein or by law, failme to promptly notify the Seller in Ne event of a
breach the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hereof or any of its rights at remedies as to any such goods, regardless
of when shipped, received or wer,tal, is many prior or subsequent default hereunder, nor shall any purported
oral modification or sewission of this purchase meet by rise parapet operate in a waiver of any of rise terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchsser recogrom that in actual mommtic practice, o ercharl resulting from miavm
violatiom. in fact borne by the Purchaser. Tlmmofere, for good cause and as consideration for executing this
purchase order, the Seller hereby assign to the Pum bean any and all claims it may now have or hereafter
captured under federal or some antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase ore.
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 Sella thereafter indicates its inability or unwillingness m comply, the Fummer
may came the work to be performed by the most expeditious means mailable to it, and the Sellers shall Pay all
ants assaiated with such work.
The Seller shall release the Nonlinear and its ammcmrs of any net fmm all liability mrd claims of any mart
resulting fmm the performance of such work.
This mime shall apply even in the event of fault of negligence of Ne pay released and shall extend to the
directors, ofics and employee, of such party.
The Seller's comnsoal obligations, including is mnnty, 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 Sella is required to use any design, device, material or process covered by liner, patent, trademark
copyright, rise Sella shall indemnify and save hvmlas the Purchaser from any and all claims for infringement
by rerun of the use of such patented design, device, material w process in caM<climn with the contract, and
shall indemnify the Purchase, 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 alter the completion of the wok. In case said apartment, or
any pan thereof or the intended use of the gods, is in such suit bold to constitute infringement and the use of
said equipment or port is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right m continue using said equipment or pans, 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 bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or mmme for any of the Sellers property or business, Nis order may forthwith be, awarded by the
Purchaer without liability.
to. GOVERNING LAW.
The definitions oftcmrs used or the into nmention of the agreement and the rights of all Parties hereunder shall be
mmued under and ga.d by the laws afNe Satc of Colorado, USA,
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the services of Sellers Reprexntative(s), on the premises of others.
19. SELLERS RESPONSIBILITY.
The Seller shall carry on said wok at Seller's own risk until the same is fully completed and accepted, and shall,
in ase of any accident, destruction or injury to the work anchor nortan is before Stilefs final completion and
amepmme, complete the work at Sellers own expense and or the satisfaction of due Purchaser. When materials
must equipment ere famished by misers for installation or emotion by the Sella, the Seller shall receive, unlead,
store and handle same at the site and become responsible Nertfor as though such mdamb, ancor equipment
were being fumuhd by the Sella under the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational
disease beneils, to its employees employed on or in co mmum with the work covered by this purchase order,
acidic o their dependents in accordance with the laws of the state in which the work is to be done. The Sella
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least SBwk)) for any one person, $500," for any
one accident and popery damage limit per accident of SmIL". The Sella shall likewise requite his
contractors, if any, to provide for such compensation and iaumrwe. Before any of the Sellers or his contractors
employees ,lull do any work upon the meadows of others, the Sella stall famish the Pocbaam with a certificate
that such compensation and insurance have been Toroidal Such certificates shall specify the date when such
Compensation and insurance have been provided. Such certificates shall specify the date when such ampereation
said insurance expires. The Seller agrees this such romper lion and insurance shall be maintained writ afa the
entire work u completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any end ail damage, Was or injury of any kind
nature wh..oeva m persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold barriers ers me Purchaser and my
r all of the Purchasers officers, agents and employees fmm ad against any and all claims, Imams, damages,
charges or expenses, whether direct or indirect, are whether to persona or property to which Ne Pumhsser may
be put or subject by reason of any act, action, ncglar omission or default on the pan of the Sella, any of his
conmoctors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
pmcedings shall be brought against the Purchase, w its officers, agarts or employees many time on see cowt m
by rtawn of any a., action neglm, omission or default of the Seller of any of his contractors of any of its or
Nei, oMe., agmts or employees . aforesaid, the Sella hereby agrees to assume the defame thereof and to
defend the same at Ne Sellers own expense, to pay any and all cos., cherga, e0omeys 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 m employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the proper of the Purchaser, or said parties in or as a result of such suits or other procealings,
she Seller will at once cause the same to be dissolved and dischargd by giving bond or otherwise. The Sella and
his contractors shall take all safety precautions, famish and install all guars n.esury for the prevention of
accidents, comply with all laws and regulation with regard to safety including, but without limitation the
Occupational Safety and Health Act of 1970 and all rules ad regulations owed pursuant theme.
Revised (India