HomeMy WebLinkAbout132026 NORTHERN COLORADO HEALTH NETWORK INC - PURCHASE ORDER - 9146876Fort Collins
Date: 11/25/2014
PURCHASE ORDER
Vendor: 132026 Ship To:
NORTHERN COLORADO HEALTH NETWORK INC
400 REMINGTON #100
FORT COLLINS CO 80524
PO Number Page
9146876 lets
This number must appear
on all invoices, packing
slips and labels.
CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST - 1 ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 11/24/2014 Buyer: ED BONNETTE
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 FY14 Client Services/Homelessn 1 LOT LS 18,514.00
ess Prev per contract 091914
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
Total $18,514.00
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. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Calibrate of Registry 84-6000587 is registered with the Collator, of
Intemal Revenue, Denver, Colorado (Ref Colorado Revised Spimns 1973, Chapter 39-26. 114 (a).
Gaud Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped m due to defects of
damage in transit, may be mumed to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Fun Collins.
hspection. GOODS are subject o the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can
result in
outharowd payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection proeedures.
Freight Teams. Shipments must be F O.D., City of Tom Collins, 700 Wood St, Fort Collins, CO 80522, unless
otherwise specified on this order. If Permission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Dictates. Where rmMr... have disbibuting points in van.m parts of one .11. shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when
shipments are made farm greater distance.
Permits. Seller shall procure in sellers sole cost all necessary permits, ceoifiestes and licenses; required by all
applicable loxs, regulations, ardimane¢ and ales of de, sate, municipality, remmry or political subdivision where
the work is raf ed, or required by any other duly composted public primaiy, having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins hamdess from and against all liability and loss
incurred by them by reason of an assured or established violation of any such laws, regulations, oNirunces, rules
and requirements.
Aulhoanation. All parties to this mmracr agree that the repreunatives art, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION 017 TERMS. This Pashas¢ Order expressly limits acceptance to the terms and conditions stated
herein set fined and any supplementary or additional gems and conditions mmexed hereto Or incorporated herein by
reference. Any additional or different terra and conditions proposed by seller are objected to and hereby pared.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive an your
promised delivery dale ns poled. Time is of flue essence. Delivery and performance mar be, dldaed within the rime
stated on the purchase order and the documents attached hereto. No acts of the Parchasouni including, without
limaatfoq acceptance ofpanial late deliveries, shall operate as s waiver Orion, provision. In be event of any delay.
the Purchaser shall have, in addition to 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 m a result of delays
due to causes at reasonably foreseeable which are beyond its rammable mewl and without in fault ofir ligmce,
such arts of God, acts ofer,d or military amhomies, govermnmpil priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within tiara (5) days of the
time when the Seller first peceised knowledge thereof In the event of any such delay, the dare of delivery shall be
extended far the period equal to the time senally lost by remon urge, delay.
3. WARRANfY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples author other descriptions given, will be fit for the purposes intended, am
Performed with the highest degree of care and competence in accordance with accepted standard for work of a
similar nature. The Seller agrees to hold the purchaser harmless fmm any lass, damage or expense which the
Purchma may suffer or incur on account of the Sellers brash of wmmnry. The Sella shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer Period of
time m maybe prescribed by law or by the terms crony applicable warranty prodded by the Seller after the date of
acceptance of the goad fiunished hereunder (acceptance rat m he untemoa hly delayed), ranking firm imperfect
m defective work door or materials famished by the Sella. Acceptance or use orgoods by the Purchazer shall not
onstimte o waiver of any claim under this wavanry. Except m otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damage proximately caused by the breach of any of the foregoing warranties
or gurantces, but such liability shall in no event include Ims of profits or loss crops, NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal ears by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changer m the ¢rma, other than legal terms, including Millions to an detr imis from
the quantities originally Ordered in the specifications or drawings, by verbal or written change order. If any such
change offer. the amount due a the time of perfurmane. hereunder, on equitable w1juswenr shall be Marc.
6. TERMINATIONS,
m The Pumha may t any time by xnnev change order, terminate this agreement in many or all portions of the
goods then not shipped, subject to any equitable adjustment between the patties u to any work or materials than in
progress provided that the Purchaser shall not b, linble for any claims for mticip ted pmfrts on the uncompleted
potion arm, recall and/or work, for incidental or consequential damages, and that roc such ariesstmena b, rude in
Ever of the Sella wth respect to any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any oftheir obligations tom any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjmture, most he assured within thirty (30) days from the dare the change of orientation is
ordennd.
I. COMPLIANCE WITH LAW,
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and garnished in strict
compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and
deliver such documents to, may he mryired m effect or evidence compliance. All laws end regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchmer as e result of the
Sellers failure In comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, hamfeq or caw, this order, or any monies due or m became due heeunder without the
prior written consent Ofthe other parry.
10. TITLE.
The Seller warrants full, clear and antatricted tine ta the Purchaser for all equipment. materials, and items famished
in performance of this agreement, f and clear of my and all liens, resricamoss resaaliam, security interest
encumbrances and claims ofothr..
11. NONWAIVER.
Failure of rite Purchma to insist upon stria terms performance of the terand conditions herar, failure or delay to
exercisy
rights or remedies provided herein or by law, failure m Promptly notify the Seller in the victor of a
breachethe-a . of ar Payment for goods hereunder or approval right, design, shall not release the Seller of
any of the warranties ar obligations of this purchase order and shall rest be deemed a waiver of any right of the
purchaser to insist upon stria performance hermfor any of its rights or remedies as to any such good, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral mndificadon or rescission of this purchase order by the Purchaser operere u is waiver of any of the temp
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognise that in moral economic practice, overcharges resulting fmm antitrust
violations are in fact home by the Purchase. Theretofore, for good.use and as consideration for executing this
purchase order, the Seller hereby assigns to the purchaser any sued ell claims it may now have m hereafter
acquired under federal car state antitrust laws for such overcharges relating to the particular goods or services
Purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe pmchasa dines. the Seller to correct ronconformip, or defectve 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 perfommed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchuer and its conGwpxa of any Her from all liability and claims of any nature
resulting front the performance of such work.
This release shall apply even in the event of fault of negligence of the party promrd and shall extend to the
directors, officers and employees ofsuch party.
The Sellas asmacm it obligations, including warranty, shall not be deemed to ha reduced, in any way, because
such work is Performed or caused to be performed by the Purchaser.
14. PATENTS.
Whrnever the Seller is aaryiaed ro use any design, deice, material m process catered by Jena, patrol, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inGiMancm
by rasun of the use of such paimed design, device, material or process in connection with the contract, and
shall indemnify the Purchmer for any cost, expense or damage which it may be obliged to pay by reason ofsuch
infringement at any time during the pexecution or other the completion of the work. In cam said Optim mr, or
any pan thereof or the intended me of rise good, is in such suit held to constitute infringement and the we of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
...infringing equipment, or modify it so it becomes roninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint is
receiver Or uuses for any of the Sellers property or bminess, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definhom ofterms used or the interpretation of the agreement and the rights of all parties hereunder shall be
comrmeit under and governed by the laws ofthe Spite ofCalomdo, USA.
The following Additional Conditions apply only in cues where the, Sella is m perform work hereunder,
including the services of Sellers Represenpitive(s), on the premisesof others.
IZ SELLERS RESPONSIBILITY.
The Sella shall tarty on said work at Sellers awn rick until the same is fully completed and accepted, and shall,
rue of soy accident, destruction or injary to the work andror materials before Selleh fuel completion and
acceptance, complete the work or Sellers oxen expense and to the satisfaction of the Purchaser. When materials
and aripmmt are famished by others for installation or erection by the Seller, the Sella shall receive, unload,
store and handle mine at the site and became responsible therefor as though such materials andhor equipment
were being fumiahed by the Seller order the orda.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational
disease ber efts, 0 its employees employed on or in connection with the work canvas by this purchase order,
andlor to their chipmakers in accordance with the laws of the spate in which the work is m be done. The Sella
shall also way comprehensive general liability including. but rat limited to, contrxtml and automobile public
liability insummer with badly injury and death limits of at lemt S300,000 for any one Person, $500,000 for any
one accident and property damage limit Per accident or g4oQ000. The Seller shall likewise acquire his
contractors, if my, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Sella shall fitmisb the Purchaser what a cenificnre
that such compensation and insurance have been provided. Such e,rtifiata shall specify the date when such
compensation and insurance have bran provided. Such centficata shall specify the date when such compensation
and in n expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed aml accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby msumes the entire resp.mitably and hand try for any and all damage, loss or injury of any kind
or nature whatsoever to 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 harmless the Purchases and any
r sell of the purchasers officers, agents mad employers fmm seat against any and all claims, losses, damages
charges or expenses, whether dinner Or indirect, end whether to persons or property, to which the Purchaser may
be put or subject by reason of any act, action, neglM, omission or default on the pan of the Sella, my of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shell be brought against the Purchaser, or its officers, agents of employees at any time can account or
by reuon of any act, action, neglect, omission or default of the Seller of any of his antra pers or any of its a
their omcers, agents or employees u aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, awmeys fees and other expert
any and all judgmmds that may b, incu d by ar obtained against the Purthma or any of its ar their -Rears,
agents or employees m such suits or other proceedings, and in case judgment m other lien be placed upon or
Obtained against the property of the Purchases, or said probes in or as a result fsuch its or otha proceedings,
rise Seller will at once cause the same to be dissolved and discharged by giving bond Or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of
accidents, comply wed all laws and regulations with regard on snfny includin& but without Impose on, the
Occupational Safety Mail Hcalth Act of 1970 and all rules said regulations issued pursuant thereat.
Revised (Gal