HomeMy WebLinkAbout461367 WORKWELL OCCUPATIONAL MEDICINE - PURCHASE ORDER - 9140372 (4)PO
PURCHASE ORDER 914037er Page
City. of PURCHASE
40372 ' of
Flirt Collins( hisnumbermustappear
;-\V`I ` V ` 1 1�7 on all invoices, packing
sli s and labels.
Date: 12/16/2014
Vendor: 461367
WORKWELL OCCUPATIONAL MEDICINE
275 S MAIN ST SUITE 201
LONGMONT CO 80501
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
6 Work Well 1 LOT EA 2,515.00
Drug 8 Alcohol Testing
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.00m
Total
Pay terms net 30 days
Invoice Address:
:�0I01
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522.0580
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERC[ALDETAILS.
Tax exemption. By starve the City of Four Collins is exempt from sum end local tax.. Our Exemption NumM is
I L NON WAIVER.
98-04502. Federal Excise Tax Exemption Cmifieam of Registry 84460o0587 is registered with the Collector of
Failure ofthe Purchaser to insist upon moist performance of fire From; and cmditiom hereof, failure at delay b
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamtn, 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 or.
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall nor be deemed a waiver of any eight of the
damage in from, may be reumN to you for credit and ere not to be replaced except upon receipt of written
pochaser fo insist upon soon pert anue hereof or any of its rights or remedies u to any such goods, regardless
instructions from the City of Fart Collin.
of when shipped, received or accepted, as in any prior or subsequent blibut hereunder, nor shall any purported
post modifrcmion of scission of this puchme order by the Purchaser operate as is waiver of any of the rema
Inspection. GOODS am subject to the City of Fan Collins inspection oa arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or qulpmert in ,pone to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS,
authorized payment ca the Not of the City of Fan Collin. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, ovrchresulting an earges ulting fun
ACCEPTANCE is dependent upon completion of all applicable raquimd imp.tiov procedus.
violation are in fxt home by the Purchaser. Theretofore, for good pus and as mnide Trion for executing this
purchase order, the Seller hereby ausign to the Purchaser any and all claims it may now have or hereafter
Freight From. Shipments must be F.O.D., Ciry of Fort Collins, 700 Wood Sr-, Fort Collins. CO 80522, unless
acquired under federal or state entitmst laws for such overcharges relating to the paniculx goods or services
otherwise specified can this mile,. If permission is given m prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE SELLERS OBLIGATIONS.
Distance. Where manufacturers have distributing points in svnon pans the country, shipment is
west nonconf tes or defective good bye dam m co agreed upon by Ore
Purchaser direcu the Seller tan
de
expected distribution point m distinction, and extra (might will he Jedn[led from Invoice wM1rn
expected from the
Purc a u comply, rsh Purchaser
Purchaser and the Seller, end the Seller hereafter indicator in inability of cable
lion
from
shipments arc made from greater distance.
togness
may cause the work m be performed by the most expeditious means available to it and the Sella shall pay all
cosh associate) with such work.
Permits. Seller shall procure at sellers sale cost all necessary permits, comficas and licenses required by all
applicable laws, regulation, ordbanc. and roles of rue mule, municipality, territory or Political subdivision where
fire work is performed, or required by any other duly nominated public authority laving jurisdiction over the work
of vendor. Seller further agrees to hold thc City of Fort Collin hannleas f and against all liability and loss
recurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, roles
and requirements.
Authorization. All Ferri. to This summer agree that the orpnsurnmves are, in fan, bon fide and possess full and
complete xfhmity to bird said parties.
LIMITATION OF TERMS. This purchrm Order expressly limits acceptance an the, teas and condition stared
herein set forth and any supplementary or additional now and condition cruised hereto or incorporated herein by
reference. Any additional or different rani, and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment o artier on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchme , including, without
limitation, acceptance of partial late deliveries, shall operate of a waiver of this provision. In the event of any delay.
the Purchaser shall have, is addition to other legal and equitable remedies, the option of placing this aide, elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to woos not reasonably f able which are beyond its reamarble comrol and without its fault of negligence,
such acts of God, nets of civil or military authorities, goverrunmtal priorities,( s, strikes, Rood. epidemics, wars or
riots provided treat notice of the tondiIiam musing such delay is given to the Purchuu within five (5) days of the
time when the Seller For received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for rue period equal to the time actually lost by reason offle delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and wink covered by this order will confirm with applicable
drawings, specifications, samples worker other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted stands,& fur work of a
similar nature. The Seller agrees to hold the pmclecon harmless from any loss, damage or expense which the
Purchaser may suffer or into an account of the Sellers breach of werronly. The Seller shall replace, repair or make
good, without rest to the purchaser, any defects on faults ansing within one (1) year or within such longer period of
time as maybe prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective wok done or materials famished by the Seller. Acceptance or use of goods by rue Purchaser shall not
o otium a waiver infamy claim under this wananfy. Except n otherwise provided in this purchase order, the Sellers
liability hreunder, shall earned to all damages pw arably caused by the bench of my of the foregoing wartmrlaw
or guarantees, bur such liability shall in an event include loss of profits or Ins of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by wniten change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to the terms, other than legal terms, including addifirms W or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change orderif any such
change affects the amount due or the time of performance hereunder, an equitable adjustment shall he made.
6. TERMINATIONS.
The Purchaser may as any time by winner change order, terminate this agreement as to any or all portion of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work. materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompined
portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stack. No such termination shall relieve
fire Purchaser or the Seller ofany of their obligations as to any goods delivered heremder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or temeination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wameats that ill goods sold hecundn shall base been produced, sold, delivered and finished in man
compliance with all applicable laws said regulation m which fire goad are subject. The Seller shall execute and
deliver such documents as may be required m effect or evidence compliance. All laws, and regulations required to be
incorporated in agreements of this character we hereby incorporated herein by this reference. The Seller agrees to
indemnify and Imld the Puchaser harmless from all costs and damages suRerM by the Purchaser as a result of the
Sellers (elute to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, number, or convey this order, or any monies due or to become due hereunder without the
prior wdnen consent ofthe other party.
10. TITLE
The Seller wm,annfull, clew and eformiricted fidem the Purehamf her all equipment, materials, will items( imbed
n performance of this agreement Ira and clear of any and all lien, ratriences, mservs[ion, security interest
encumbrances and claims efothers.
The Sell. shall release the Purchaser and in com ormer of any tier from all liability and them, of any nature
resulting fiom the performance of such work.
This eleae shall apply even in the event of fault of negligence of the party mlmsed and shall extend to fire
directors, officers and employees of such party.
The Sellers contextual obligation, including warranty, shall not be deemed m be reduced, in any way, because
such wok is performed or caused to be purkerprocal by the Purchaser.
14. PATENTS.
Whenever the Seller is received to we any design, device, material or process covered by lessen patent, trademark
r copyright, the Seller shall indemnify and save homeless life Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in cormection with the mnmxt veal
shall indemnify the Purchmer for any cast, expo ce, or damage which it may be obliged to Pay by reason of such
infringement at any If., during the prosecution or end Ore completion of the wok. In case said equipment m
any pan thereof or the founded ne of [he goods, is in such .it held to comti[ute infringement end the we of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either pmnne for the
Purchaser fire right to continue using said equipment or pans, replace the vine with substantially equal but
noninGnging equipment, or modify it so it becomes ammunition,
15. INSOLVENCY.
If the Seller shall become incelvem or backno t make an resignmem for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser Without liability.
16. GOVERNING LAW.
The definition oftcems used or the imeryretation ofthe spectrum and the rights ofa11 Tanta hereunder shall be
antrued order and governed by the law,, of the State of Colorado, USA.
The following Additional Conditions apply only in taus where the Seller is to perform work hereunder,
including the services of Sellers Rep¢scmativgs), on the premises of others.
It. SELLERS RESPONSIBILITY.
The Seller shall cony oa said work or Sellers awn risk until the same is fdly completed and accepted, and shall,
in two of any accident, destruction or injury to the work ea&o, materials before Seller's final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When moteriab
and equipment are fomished by others fro installation or erection by the Seller, the Seller shall raeive, uWoad,
store and handle same at the arm and become responsible therefor as though such materials andfr ryuipment
were being fmished by the Seller under the order.
IS. INSURANCE.
The Seller shell, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the wok covered by this purchase order,
and/or to their dependents in accordance with the laws of the sure in which the wok u to be done. The Seller
shell alma wiry comprehensive gerrral liabiliry irrduding, but not limited to ntroctual and automobile public
liability insurance with bodily injury and death limits of in least 5300,000 fro any one person, 5500,000 for any
one accident and property damage limo, per accident of $400000, The Seller shall likewise require his
common, if any, to provide for such compensation and insurance. Before any of life Sellers or his containers
employees shall do uny work upon the premises of others, the Seller shall fimni,h the Purchu. with a cumficure
that such mmpeoaation and insurance have been provided. Such cerifrcas shall specify the data when such
mmpemation and insurance have been provided. Such cenificatea shall specify fire date when such compensation
and insurance expires. The Seller agrees that such compensation and inwavice shall be maintained until after the
more, work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire sponibility and liability for any cud all damage, loss or injury ofany kind
or m. whosoever to person or property caused by. resulting from the execution ofthe wok provided for in
this purchase, order or in connection herewith. The Seller Will indemnify and hold harmle , the Purchaser and any
r all of the Purchases; officers, agents and employees from and against any and all claims, losses, damages,
charges cer expenses, whether direct or indirect, and whether to person or pmpery m which the Pmrchaer tray
be put or subject by concern of my act action, region, omission or defwlt on the pan afthe Seller, any of his
contractors, or any of to Sellers or contractors officers, agents an employees. In rase any suit or Orion
proceedings shall be brought against Ne Purchases, or its officers, agents or employees at any tune on arrant of
by reason of any act, action, neglect, omission or default of the Seller of any of his contmners or any of its or
their officers, agents or employees m aforesaid, the Seller hereby ogre. to assume the defense thereof and to
defend the vine at the Sellers own expense, to pay any and all costs, clear., attorneys fees and other exponew,
any teal all judgments that may be incurred by or obtained against the, Purchaser or any of ifs of thew officers,
agents or employ., in such suiu or othe, proeedings, and in case judgment or othe, If. be placed appear or
obtained against the properly of the Purchmm, or said panic, in of m a still of such suiu or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or offeswisc The Seller and
his contractors shall take all safey precaution, famish and install all guards necessary for the prevention of
accidents, comply with all laws cord regulations wills regard to safety including but without limitafian the
Occupationl Safety and Health An of 1970 and all rules and regulation issued pursuaanr themer.
Revised 07R014