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HomeMy WebLinkAbout549196 ECO-COUNTER - PURCHASE ORDER - 9147470PO PURCHASE ORDER 914747er Page C117/ of PURCHASE 9147470 ' of 2 F6r} Collins This number must appear ,�—J`-' ` on all invoices, packing sli s and labels. Date: 12/18/2014 Vendor: 499991 Ship To: POUDRE FIRE AUTHORITY - AD COLORADO HEALTH MEDICAL GROUP 102 REMINGTON PO BOX 732031 FORT COLLINS CO 80524 DALLAS TX 75373-2031 Delivery Date: 12/18/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2014 Medical Svs 1 LOT LS 230.00 Inv.240152 dated 11/3/2014 2 2014 Medical Svs Volunteers 1 LOT LS 4,931.00 Inv. 240152 dated 11/3/2014 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 $5.161.00 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. COMMERCIAL DUAIU. Tax exemptions. By mimic the City of Fan Collins us exempt from sure and local taxes. Our Exemption Number is 98-04502. Federal act- Tax Exemption Conificae of Registry 84-W00587 is regismrnd with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Sustain 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to matt specifications, either when shipped or due to defects of damage in transia, may be mumed to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fan Collins. Inspection. GOODS are suhpon to the City of Few Collins impaction on arrival. Final Acceptme, Receipt of be merchandise, remain or equipment in resporace to this order cor mail in authorized payment on the part of the City of Fort Collins. however, it is to be understood thm FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must 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 to prepay freight and charge separately, the original freight bill mass, accompany invoice. Additional charges forpacking will net be accepted. Shipment Distance. Where manufacturers have distributing pain¢ in ouricas parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are nude Imo greater distance. Pamirs. Seller shall procure at sellers sale cast all necessary permits, companies and licema squired by all applicable laws, regulabom, ordinances and roles of she sum, municipality, roam., or political subdivision where the work is performed, or required by any other duly eamtimtW public authority hxvingjurialiction over the work of vendor. Seller fuller agrees to hold the City of Fort Collins harmless form and aga rel all habilil and loss incurred by them by reason of m asserted or established violation of any such Laws, regulations, ordinances, roles and requirement, Autheriznnion. All parties to this contract agree that the representatives are, in fact, bona fide and Puri full and complete amhonly to bind said parties. LIMITATION OF TERMS. This Purehase Order expressly limits acceptance to the to. and conditions moral herein set fond and any supplementary or additional reams and conditions annexed harem or incorporated herein by reference. Any additional or different errm and condition proposed by seller are objected an and hereby mjarad. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on year promised delivery date as noted. Time is of the essence. Delivery and perfomn ow, most be effected within the time sorted on the purchase order and the documents attached town. No acts ofthe Purchasers including, without limitation, acceptance of partial lam deliveries, shall epeawe as a waiver of litis provision. In he event of any delay, the Purchaser shall have, in erl lumn to other legal and equitable rctnetlics, the option ofplaeing this order elsewhere and holding the Seller liable for damages. However. she Set let shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which we beyond its reammble control and without its Paull ofnegligence, such acts of God, was of civil or military authorities, governmental priorities, fires, strikes, BeW, epidemics, wars or data provided slur notice of the..diata. causing such delay is given la the Parchasa within floe (5) drys of the time when the Seller fast eeived knowledge thereof. In the event of my such delay, the data of delivery shall be extended for the period s.I m the time actually lost by reason afhe delay. 3. WARRANTY. The Seller wamnts that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples amVor other descriptions given, will be fit for the Purposes handed. and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar noture. The Seller agrees to hold the purchaser handless fmm any loss, damage or expense which she Purchaser may suffer or hour on account ofthe Sellers breach of ommody. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults wising within one (1) year or within such longer period of time as maybe prescribed by law or by the terms of my applicable warranty prev&d by the Sella after the date of weepaance of the goods furnished hereunder (acceprmre not m be umeammbly delayed), mulling from imperf.t or defective work done or wou rials famished by the Seller. Acceptance or use of good by the Purchaser shall not calendar a waiver ofmy claim harbor this annually. Except as manwise provided in this pdrehue order, Her Sellers liability hereunder shall extend to all damage proximately catsaed by the breach of any of the foregoing wamni ies or gumutnees, but such liability shall in no annual include loss of proths or Into of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES B4 LEGAL TERMS. IEe Purchaser may make changes he Icgal terms by written changeorder. S. CHANGES IN COMMERCIAL TERMS. The Puahaw r may make any changes in the terms, older Nan legal terms, including addition to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or wnum change olds. If my soh change affects the amount due or the time of performance internal, m applicable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement m to any or all portions of the goods that not shipped, subject to any crumble adjustment between the panics as to my wwk or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods nndtor work, for incidental or comenantial damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard soak. No such Illu ination shall relieve the Purchaser or the Seller of my of their obligations as to any goods delivered ficumnder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusament must be asserted within thirty (30) days from the date the change or termination ex ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods mid hereunder shall have been produced, sold, delivered and fumisM1al in strict compliance wild all applicable laws and regulations to which the tool are subject. no Seller shall execute and driver such derarnenls in may be inquired to effect or evidence compliance. AR laws and regulation required to be ncarianded in agreements of this character are hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser homeless from all costs and damages suffered by the Purchases as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Fairy shall assign, rmosfm or convey this older, or my monies due or to became due hereunder without the poor wraen comeot of the other party. 10. TITLE. The Sella co mvas full, clear and unietrixW tide to the Pumbmn for all equipment materials, and items firmisbal in perfowntt of this af.ru , fire, and clear of my and all liras, r.trictiorrs, reservation, security interest rncumbrenas and daims of others. 11. NONWAIVER. Failure of the Pumhaser in insist upon strict performance of the terms and conditions hereof, failure or delay to esencilany rights or ramedles provided herein or by law, failure to p crawly notify the Seller in the event of a breach,tthe acceptance of or 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 imist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purported oal modification or rescission of this parchau older by the Purchaser operates as a waiver of my of the terms her of. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual comando practice, overcharges mulling from normal Gainers are in fact beme by the Putebesn. "nowhere far good cause and as eatables moor fro executing this purchase order, the Sailer hereby assigns to the Purchaser any and all claims it may taco Lave or bemarer wquired under federal or some antitrust laws for such overcharges relating his the particular goods or stakes purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCI IASERS 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 Sells amd the Seller bomber indicates its iaabillry m unwillingness b comply, the Nonlinear may cause the work to be performed by the most expeditious mesas available to it, and the Seller shall pay all casts mairimW with such work. The Seller shall release the Pmchamn and its contractors of my tin from all liability and claims of my more resulting fmm the perfomm r, wDowh work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, wi icors and employers of such party. The Seller's continental obligations, including ormorm , shall not be demur In be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is onermrad muse any design, device, material or process carnal by lent, patent, tmdamah or copyright, the Seller shall indemnify and save banned. aim Fireman from my and all claims for infringemrnt by reamer of the use of such psaemed design, device mmerial or process in connexion with the nenlrncl, and shall indemnify the Purchaser fro any nest expense or damage which it maybe obliged m pay by reason ofsuch infringement at any time dung the prosecution or after the completion of the work. In tame said equipment, or any part thereof or the intended use of the hands, is in such suit held to variable infringement and the use 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 mid equipment m pans, replace the more with substantially equal but noninfneging equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If be Sella shall became insolent or bankrupt, make an assignment for the benefit of creditors, appoint a receives or uusnee for any of the Sellers property py at business, this order may forthwithbe canceled by the Provision without liability. 16. GOVERNING LAW. The definition of tams water the imerprtaais of the atonement and the rights of all parties hnemder shall be wostmed under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seiler is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on sold work at Sellers own risk rout the same is fully completed and wcepted, and shall, causein of any wcidrnt, destruction or injury m the woh amber mmesials before Sellers final completion and anceptana, complete the work. Sellers own as'. and to Ne mrisfectian of the PurcM1aur. When materials and cquiFaaat are fumis W by others for installation or normal by the Seller, tlrc Seller shall reverse, unload. were and handle same as the site and become resp rrssible therefor as though such rra omens madNor aquipmem were being famished by the Seller order the olds. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employes employed on or in connection with the work covered by this purchase order, and/or to their depended¢ in accordance with the laws of the sole in which the work is to be done. The Seller shall also tarty comprebemive General food try including, but not limited to, contractual and automobile public liability imurence with bodily injury and death limits of at least S300,000 for my one persm, $500,000 for my one accident and properly damage limit per accident of $400,000. The Sella and likewise rtquim his ontmcmes, Hany, ao proddc for such compensation and ianwance. Before my ofthe Sellers or his contractors employees shall do any work upon die premises of orders, be Seller shall Room the Purchaser with a cenifmte but such compaigni ien and insurance have been provided Such certificates shall specify the date when such compensation and insurance have been provided. Such onfificates shall specify the date when such recrimination and br urance expires. The Sell. agrees but such compensation and insurance shall be tmintamad until He, the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the main, mpoasibility and liability for any and till damage, lass or injury ofany kind or nature whomever to persons or property caused by or mulling fore the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold retains the Purchaser and my r all of be purchasers officers, agents and employees floor and against any and all claims, losses, damage, charges or experem. whether direct or indirect, and whe rre, to persons or pmpeny m which the Parchasn may be put or subject by reason of my rot action, asglat, omission or default on the pan of the Seller, any of his contactors, or my of the Sellers an contractors olfcals, agents or employees. In ease any suit or other proceedings shall be brought against the Purchases, an its officers, agents or cmployas at any time on answer or by =son of any oL action, region, omission or default of the Sella of my of his contractors w my of its m their oRrers, agents or employees as aforesaid, the Seller hereby agrees or assume the defense thereof and to defend the same al the Sellers own expense, to Pay any and all costs, charges, ahomrys fees and other c,Swra s, my and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in new judgment or other lien be placed upon or obtained against the property ofthe Purchaser. or said parties in or as a result of such stirs or other proceedings, the Seller will at once cause the same m be dissolved and discharged by giving bond or otherwise. The Seller and his contactors shall sake all safety precaution, furnish and instill all guard mvancei 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 01 met and regulations sound pursuant drama. RMmd 09R014