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HomeMy WebLinkAbout361361 REHABILITATION & VISITING NURSE - PURCHASE ORDER - 9146888City of Fit Collins Date: 1112512014 PURCHASE ORDER Vendor: 361361 REHABILITATION & VISITING NURSE ASSOCIATION 2105 CLUBHOUSE DR GREELEY CO 80634 PO Number Page 9146888 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 A� ..—A UOM Unit Price 1 FY14 Home Health Care Scholars hips as contracted 9/19/14 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@fogov.com 1 LOT LS 35,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Te1ms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemption. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number u 11. NONWAIVER. 98-04502. Federal Excise lax Exemption Certificate of Registry 84-tf000587 is registered with do, Collector of Failure of la purchaser to insist upon svlet performance of the arms and conditions hereo( failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26,114 (a). exereme any rights Or temedwi provided herein or by law, failure to promptb modify the Sella N the event of a hourb, the paccuence of -payment far goods heewda a approval ofx design, shall rut release toe Seller of Goods Rejeel]. GOODS REJECTED due to failure 1n men 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 my night of the damage in transit, may be returned to you for credit and are na1 10 be replaced except upon rc:ei,t of tureen Pachomr to insist upon sure, performance hematitic, of its rights m remedies as to any such goods, regareless instructions from Ne City of Fan Collins. of when shipped, received or accepted, in an any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purcoase order by the Pmchntt operate as a waiver of any of the terms Inspection. GOODS art subject W the City of Fan Collin inspection rr arivaL heef. Final Avapance. Receipt of the merchandise, services or equipment in respoese, to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authotimd payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recomen thin in actual economic practice, overcharges mantling fmm antitrust ACCEPTANCE isdepeaderummeompletion ofall applicable required inspection procedures. violations are in fuel From, by the Purchaser. Theretofore,for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchoser any and all claims it may now have or h,eafter Freight Terms. Shipments mtm he F.O.B., City of FOR Collins, ]0) Wood St., Fort Collins, CO 80522, unless acquired under federal or sme mtinast laws far such mrachargn relating to the particular goods or services otherwise specified on this order. If permission is given to prep%freight and charge separately, the original fight purchased or sequin) by toe Purchaser pummor to Nis patches, other. bill must accompany invoice. AMitiorul tharges far packing will Out be accepted. 13. PURCHASERSPERFORMANCEOF SELLERSOBLIGATIONS. Shipment have Jls Palms s us parts of the country, Where m nution If the Pumhnee direc¢the Seller to correct ern or defective comgreed on byParch 'he a dategness lability rote thee. onion, and mmi, when expected from the nearer distribution poem to desliwtion, and excess freight will be deducted from Inwice when Faint to a er Indicates its inability v unwillingness W comply, the Purchaser and the Seller, and be Seller er indimus its or unwillingness shipments me made fmm greater dislavice. shall by the most expeditious means available to it, mid the Seller shall pay all may rouse the nark to ch ythe most pay orfornW casts acwciated with such work. Permits. Seller shall m sellers sole ales all necessary pmipali certifwl- and lireal taryiio all ataure w stem, municipality, territory or political subdivision whoa applicable laws, regulation, oMmne- and toles s The Seller shag the Purchaser and its convenors of eny leer f all liability mJ claims of any metre duly public had t, Jurisdiction over the work the work is performed, or required by any other duty a Performance r arching fmm the performance ofauch work. Fort Collinsed ks,for. iall vendor. Seller further agrees W hold the City for Coharmless fmm and againi all liabiliry and loss li in red by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules ]Its release shall apply evenen in the event of fault of negligence of the party released and shall extend to the irc and eequments. dirtdors, officers and empl%exs ofauch P.M. Authorioatim. All parties to Nis contract agree that the representatives are, in fact, bow fide and possess full and complem authority W bind mid parties. LIMITAI [ON OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions star] herein set forth and any supplementary or additional tens and condition annexed hereto or incorporated herein by refermce. Any additional or different terms and conditions proposed by seller use objected to and hereby rejmted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipinew 1. move on you, promised delivery date as noted, lime is of the aunce. Delivery and performance most be effected within the time stated on the purchase order and the documents attached herein. No ads of the PmrcM1asers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in &Union to other legal and equitable remedies, the option of placing this order elsewhere .it holding the Seller liable far damages. However, the Seller shall man be liable for damages - a result of delays due,. causes rat raw rably foreseeable which sore beyond its reasonable control and wiOWm its fauh of negligence, such acts of God, am ofcivil or military aurharities, govemmentil priouties, fims stnco, Rood, epidemics, wars or riots provided that notice of the condition causing such delay is given in the Purchaser within foot (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the dale of delivery shall be extended for the period equal u the time actually lost by rwmn of the &I., 3. WARRANTY. Tire Sella wmmats flat all goad, articles, materials e] work covered by this order will conform with applicable dawings, specification, samples and/or other descriptions given, will be fit for fie purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Sella agrees to hold the purchaser harmless from any loss, dmage or expense which the Purchaser may sulTer or incur on account of the Sellers breach ofwarrdnry. The Seller shall eeplace, repair or rake good, without cost to der purchauq any derives or Ratios nixing within one (1) year or within such longer period of time- may be prescribed by law or by the tents afmy applicable wamma, provided by the Seller a0er the dam of acceptance of the good famished hereunder (acceptance not to be Wummably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this waranty. Except m Otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing woemnties or guarantees, but such liabiliry shall m no event include loss of .to. or loss of user. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal It. by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal terns, including addition to or deletions fmm the quanitin mgimWly ordered in the speclfwtion or drawings, by verWl or women change order. If any such change aRecn the ammnt due or the time ofperfcrmame hereunder, an ryumbl, adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement m to any of all portions of the good hen at shipped, subject to any Nionable adjushnem between the rani- an; to any work or oriental, then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work fro incidental or cotsuqueatial damages. and that no such adjustment be made in favor of the Seller with respect u any gunds which are the Sellers standard stock. No etch temtiation shall reline the Purchaser or the Sella of any oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment rant be assumed wild. thirty (30) Jays from the date the image a lactimm. is ordered. S. COMPLIANCE WITH LAW. The Seller warrants Nat all goods sold hereunder shall have been produced, sold, delivered and famished in shunt appliance with all applicable Inns and regulation m which the goods are subject. The Seller shall execute and deliver such documents m maybe mluiml to effect or evidence compliance. All laws cad retalmiun requited to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the pumba cr harmless firm all costs and damages suffered by the Parcbaur as a result of the Sellers failure u comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the poor written consent of the other party. IO.TITLE. The Seller poi maats full, clear and um -tided fide to the purchaser for all equipment. materials, and it. famish] in performance of this agreement, free and clear of my and all lives, restrictions, raervmi.ns, summit, interest encumbrances and claims of others. The Sellers contmdml obligation, including waremy, shall not he deemed an be reduced, in any way, becrose such work is performed or annul to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is ra,mr] to use any design, device, materiel or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmlea the Purchaser from any and all claims for infringement by ream, of the use of such p tented design, device, material or process in correction with the contract, and shall indemnify Oa Purchaser for any tor, expense or damage which it may be obliged to pay by reason of such infringement at any time during fie prosecution or after the completion of the work. In eau mid equipment, or any Pon thereof or the intended use of the goods, is in such suit held W constitute infringement and the use of said equipment or pan is mjmin], the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said Naipmrnl or pats, replace the same with substantially cgal but naninfringing 4uipmam, or modify it m it becomes mninGNging. 15. INSOLVENCY. If the Seller shall became insolvent a bankrupt, make an wougruneal for the benefit of creditors, appoint e receiver ar trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The def diuow of emu anal ar the maniffmauoa of the agremment coal the rights ofull ponies hereunder shall be tantrum,[ under and governed by Ne laws Office State mfColorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers ItWoom ortme(s), on the pmnnis. of others. IJ. SELLERS RESPONSIBILITY, The Seller shall carry on said work, Sellars own ask until the same as fully completed and accepted, mud shall, in rose of nay accident, destruction or injury W thn work ands., matcriaB before Sellers Real completion and acceptance, complete the work at Sellers own expense and an the satisfaction of the Purchase, When materials and equipment are famished by .,has for installation or median by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such marmots md/or equipment were being famished by the Seller uMa the oMe,. 18. INSURANCE. The Seller shall, at his own apnse, provide for the payment of workers compensation, including occupational disease benefits, ra its employees employed an or in connection with the work covered by this purchase oMe,. amVor to their dep,tdents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, confessional and maximum public liability iwumnce with bodily injury and death limits of in least $300,000 for any one peace, $500,000 for any one accident and pmpary damage limit loci accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such composition and insurance. Reform any of the Sellers or his contmcmrs employees shall do any work upon the premises of.thas, the Seller shall famish the Purchaser with a certificate tbal such compensation and insurance have been provided. Such rafficmes shall specify the data when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and manna. expires. The Sella egoas dot such anoWe romm. and insurance shall be maintained until goer the entire work is completed and accepted. 19. PROTECTION AGAMST ACCIDENTS AND DAMAGES. The Seller M1ereby rosumes the entire raporsibility and liability for my and all damage, loss or injury army kind or mare 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 Purchaser and any r all of the Purchasm officers, agents and mWA, s fire. and .gout any and all claims, loss-, damages, charges or expenses, whether direct or indma, and whether to persons or property, W which the Purchaser may be, put or subject by mount of any act, action, neglect, omission err default on the ton of the Seller any of his conmedors, or my of the Sellers or wntmcmts ofecup, agents or employees. In emse any suit or other proceedings shall be brought against the Purchi s,, or its officers, agents or employees at any time on account or by reason of any act, notion, neglet, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees m aforesaid, Use Seller hereby agrees to consume the defense Hereof a] to defend the same at the Sellers own expense, to pay any end all costs, charges, aaomeys fees pod at expenses, any most all jadgmenu Out may be incurred by or Obtained against he Purchatt a any of its or then oMo., .,ells or employees in such in or other proceedings, and in core judgmml ar other lien Be placed upon or obtained against the property of the Purchaser, or said parties in or in a result ofauch suits or other proceedings, the Seller will at once caum the same to be dissolved and discharged by giving bond or otherwise. The Seller and his comrecton shall take all safety precaution famish and inGll all guard necessary, for the prevention of accidents, comply with all laws, and regulation with regard W safety including. but without limitation. the Occupational Safety mud Health Ad of 1970 and all pales and regulation issued parsuant drerem. Revised 07a014