Loading...
HomeMy WebLinkAbout542729 HEALTH DISTRICT OF N. LARIMER CNTY - PURCHASE ORDER - 9146885Fort Collins Date: 11/25/2014 PURCHASE ORDER Vendor: 542729 HEALTH DISTRICT OF N. LARIMER CNTY 120 BRISTLECONE DR FORT COLLINS CO 80524-2033 PO Number Page 9146885 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST 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 Dental Connections as contracted on 9/19114 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 1 LOT LS 23,000.00 Total $23,000.00 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. COMMERCIALDETAIIS. Tax exemptions. By sumte the City ofFors Collin is exempt from mute and local taxes. Our Exemption NumM k 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is egistrred with the Collector of Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Stories 1973, Chapter 39-26, 114 (a). Good Rejected GOODS REIECTED due to failure to meet specifications, either when shipped or due 1t defects of damage in transit, may be returned to you far credit and are not as be replaced except upon receipt of wrinm instructions from the City of Fort Collim. Inspection. GOODS are subject to the City of Fort Collins inspection on normal. Final Acceptance. Receipt of the merchandise, services or equiptr and in response to this order can result in rusboriced payment on the past of the City of Fan Collins. However, it is to be understand that FINAL ACCEPTANCE is dependant upon complrtim of all eppliedd, requital inspection procedures. Freight Terms. Shipments mast be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given a prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for puking will net be accepted. Shipment Distance. Where manufaccuers have distributing points in a. pans of the century, shipment is expected from the nearest distribution point to dedi ction, and excess freight will la, deducted from Invoice when shipments are made from greater distance. I L NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hetmf, failar, or delay, to my rights or remedies provided herein Or by law, failure a promptly modify the Seller st the event of e breach, the acceptance of or payment for goods hereunder or approval of the 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 imist upon strict performance hereof or any of its rights or remedies as a any such goods, regardless of when shipped, received Or accepted, as to any prior or subsections default hereunder, nor shall my purported oral modification or rescission of this purchase order by she Purchner operate n a waiver of any of the onsaw hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize shot in canal economic practice, overcharges resulting from anliaust violations tie in fact home by the pmc anger. Theretofore, far good cause And n consideration for swimming this purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have on ccrrafter acquired under fcdeml or state antitrust laws for such overcbarges relating to the particular goods or services purchased Or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser distant the Seller to comes nonconforming or defective goods by a date to be agreed upon by the purchaser and the Seller, and the Seller theeafter indicates its inability or unwillingness to comply, the Purchaser may mute she work to be Performed by the most al rdtious means available to it, and the Sella shall pay all costs associated wish such work. Permits. Seller shall pracum at sellers sole was ell naeavry permits, cendiimtes and Nemeses required by all applicable laws, regulation, odhtances and roles of the state, municipality, temtory re political subdivision where the work is performed, or raturred by any other duly convinced public authority having jurisdiction over the work of starts. Seller further agrees to hold the City of Pon Collins hmmlew from and against all liability and loss tined by them by reason Of va asserted or established violation of my such laws, regulations, ordinances, rules am rwairements. Authoriculion All manses as this convect same that the representatives are, in fact, bow fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance la the terms and conditions anted herein set fond and any supplementary or additional terms and condition annexed herein or intoryomed herein by reference. Any addiliowl ar diReionl terms and corldilion proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immalialely ifyou cannot make complete shipment to move on your promised delivery date as noted. Time is of the essence. Delivery rand performance most be ethical within the time stated on the purchase order and the documents attached Mean. No acts of the Purchasers including, without limitation, acceptance ofianial late derveres, shall operate n a waiver ofdus provision. In the event of my delay. Re Purchaser shall have, in addition to other legal and equitable remalies, the option ofplacing this 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 its musowble anal and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, wars or riots provided that notice of be condition caning such delay is given to the Puehner within five (5) drays of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall he extended for the period equal a flee time satually last by reason of tbe delay. 3. WARRANTY. The Scller warrants that all goods, articles, materials and work covered by this order will conform wish applicable drawings, specification, samples and/or other descriptions given, will be fit for the purposes intended, and lambasted wish the higbest degree of care and compeance in accordarce with ac,tW standards far work of e similar nature. The Sella agrees b hold the purchaser harmless from any loss, damage or expense which the Purchaser may suRer or incur era account of the Selas breach of.,. The Seiler shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time n may be presamal by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods homistiM hereunder (acceptance rat or be unreasonably delayed), resOhio, from imperfect at defective work done or maleials famished by the Sella. Acceptance Or use of goods by the Purchaser shall not owtihire a waiver of any claim under this wammty. Except n otherwise provided in this purchase order, the Set tax liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gmarantas, but such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. C CHANGES IN LEGAL TERMS, The Purchaser may make changes to legal terns by wises charge order 5. CHANGES IN COMMERCIAL TERMS. The Pumbua may make any changes to the terms, other than legal terms, including additions a or deletion form the quantities origirully ordered in the specifications or drawings, by verhal or wroma change Oder. If any such change d@ds the amount due or the time ofpcaffirmounce hereunder, an extensible adjutram shall be made. 6. TERMINATIONS. The Purchaser may al my time by written change ode, ternamme this agrmmeat n tt any ar ell portions of the goods than war shipped, subject ro any equitable a l wharrat bawee s the parties as to my work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the wcompleted Portion of the goods aidior work, for incidental or mnequential damages, and that no smh adjustment I<made in favor of the Seller with respect to any good which arc the Seller standard stack. No such Introduction shall rrlieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment rant be samned within bid, (30) days from be date the change m temtiwtim is ordered. I. COMPLIANCE WITH LAW. The Seller wan ow that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations a which the good art majat The Sella shall execute and deliver such dammmu as may be ramired to effect or evidence wmpliance. All laws and regulation ratrar i to be incorporated in agreements of Nis character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchna harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply wish such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the ,no, written Constar ofhe other party. 10. TITLE. The Sella sources; full, clear and uruavicted side to be Pmchasa for all equipment, materials, end items[ 'shard in performance of this agreement, free and clear of my and dill lien, restriction, reservation, saurity interest encumbrances and claims ofothers. The Sella shall release the Purchaser and its samarium of any has from all liability and claims of my isntme resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence Of the any released and shall extend a the directors, officers and employees Of such parry. The Sellers commercial obligation, including wamm ,shall rat be dermal lobe natural, in any way, hammer such work is performed or caused to be performed by the Purchases. 14. PATENT S. Whenever the Sella is required to die any design, device, material or process covered by leneq patent, vademark or copyright, the Sella shall indemnity and save hamless the purchua from any and all claims for infringement by reason of the use of such patented design, desire, material in 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 reamn of such infringement at any time during the prosecution or after the completion of the work. In case said imitations. or any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the die of said equipment or pan is enjoined, the Sella shall, at its own expert and at its option, either procure for the Purchaser the right to continue using said equipment or Parts, replan the same with substantially equal but mainfn-nging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent a bvdwpt, make on assignment for the bereft of creditors, appoint a noverion or trustee for any of the Sellers property or business, this other may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions options used or the interpretation of the agreement and the rights of all ponies hereunder shall be constowd under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply a* in castes where the Sella is to perform work heteunda, including the smiccs of Scll. Represenutive(s), an the premises of.thers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers ova risk until the same is fully completed and accepted, and shall, as case of any accident, destruction or injury so the work andpor materiA ; before Sellels f I compleion and Acceptance, complete the work at Sidles own apeme and a the satisfaction of the Purchaser. When iwterids and equipment me furnished by others for instillation or crest m by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials torpor a imipmrnt were being furnished by the Seller under the order. 18.INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including aecupmdiowl disease benefits, to its employees employed on or in connection with the mark covered by this purchase order, and/or to their dependents in accordance with the laws of the sane in which the work is to be done. The Seller shall also rarry composon ve general liability including. but not limited to, rentraawl and mmmobile public liability inusance with bodily injury and desth trouts of a1 lent S300,o00 for any are person, $500,00o for any one accident and property damage limit per accident of S403,000. The Sella shall likewise require his contractors, if any, to provide for such compensation and inari nce. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with is certificate that such compensation and insurance have been provided Such cenificares shall specify the date when such compensation and inumnce have been provided. Such certificates shall ii,ach the date when such compensation and romance expires. The Sella agrees that such compensation and insemce shall be maintained brat after the entire work is completed and crrined. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire responsibility and liability for any and all damaga loss er injury of any kind r wture wh damwer to pamon or property caused by or resulting from the comession of the work provided fen N this purchasm order or in connection berewith. The Sella will indemnify end hold harmless the purchases and my r all of the Purchasers ofcer ,regents and employax form and againl any and all claims, lotto, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my net, action, neglect, omission or default on the pan of the Seller, any of his contractors, or my of the Sellers or contractors olEcav, agents or employees. In crose any suit or other pmcealings shall be bought alpinist the Purchases, Or its officers, agents or employees in any time on crams or by reason of any act, action, svglect, omission or default of the Sella of any of his contractors Or my of its or their officers. agents or employees n a( ssid, the Seiler hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and Oil costs, charges, anomeys fees and other expenses, any and all judgments that may he incurred by or oblamed against the Purchaser or any of its or theft office., agents or employees in such suits or other proceedings, and in race judgment or other lies be placed upon in abuined against the pmpmy of the Purchases, or said parties io Or as is mull of smh suits m other pmccrdings, the Sella will in once come the same to be dissolved and discharged by giving bond Or otherwise. The Sella and his commnors shall take all safety pravulim , finish and insoll all guards necessary for the pevtemion of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Campasiawl Safetyand HealthActof 1970 andall cabstand fi chownsissuedpursttmt thereto. Revised 07n(H4