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HomeMy WebLinkAbout129656 DELTA DENTAL OF COLORADO - PURCHASE ORDER - 9150005Fort Collins Date: 01/02/2015 PURCHASE ORDER Vendor: 129656 DELTA DENTAL OF COLORADO DEPT 2148 DENVER CO 80291-2148 PO Number Page 9150005 1o12 This number must appear on all invoices, packing slips and labels. Ship To: HUMAN RESOURCES CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/02/2015 Buyer: WILSON, JILL 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. PER THE TERMS AND CONDITIONS OF CONTRACT 7649. Line Description Quantity UOM Unit Price Extended Ordered PO . i COMPREHENSIVE DENTAL INS. Blanket PO for 2015 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 72,000.00 Total $72,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 mhase Order Terms and Conditions Page 2 of 2 I. COMNOIRCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from our and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cmifcam of Registry M-6000587 is registered with the Collector of I I. NONWAIVER. Failure of the Forefoot to imist upon strict performance of the terms and conditions helm( failure or delay to Internal Revenue, Denver, Coloado (Ref. Colorado Revised Samurai 1973, Chapter 39-26,114 (a). exercise my rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due no failure to met[ specifications, other when shipped Or due to defecn of any of the warronties or obligations of this parchase, miler and shall of be deemed a waiver of my right of the damage in transit, may be reamed to you fan credit and are not to be replaced except upon reccii, of written parcfer m insist upon ncin performance hereorm may of its right; or rtmedies as m my such gods, meant] ss instmctions tram the City rfFort Collins. of when shipped, received or accepted, as to my prior or subsequent default heremder, nor shall my pmponed .1 modification or rescission of Nis purchaa under, by the Purchater operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on counsel. here.f. Final Acceptance. Receipt of the merchandise, servic. ar equipment in resource to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on be pan of the City of Fort Collins. However, it is to in, mWeveod that FINAL Seller find the Purchaser mou nuze that in flood economic prec[ice, ovomhours resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for god cause and as mnsideaoion for executing this purchase order, the Seller hereby studios to the Purchaser my and all claims it may now have or hereafter Freight Terror. Shipments most b< F.O.D.. City of Fort Collins, 700 Wood SL, ran Colors, CO 80522, unless inqutred order federal or spate nntipust laws for such overcharge relating on the paniculfo goads or services, otherwise specified on this ode, If permission is given to prepay freight and charge separately, the original freight purebaad or acquits by tho Purchaser D..t to this pu leae, order. bill must accompany invoice. Additional charges for packing will not be acmptd. 1ft PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Where points invariouspads the have dietribon, ShipmentDistance.the Iftheaser asetdirects Seller goodsbyadass to be figreede on pea dfromcountry, voice ban point to destination, and excess freigu will h deducted from Invoice when earest and de expected from the nearest distribution n inoomingmdebilityve Purchaser Sella, inability or unwillingness to comply, the Purchaser end the Seller, and the Sellery Purchaser Sella, distn shipmeun are made from grease distance. shipments ship be mosi experrmits may cause the work to be performed by the most expeditious mom.vailabk m it, and the Seller shall pay all fro casts assocuad with such work. P.mia. Seller shall prmvre at seller sole cot ell no.ary permih, cedfmtes and licrnas required by all applicable laws, regulations. inrm odial and ales state, municipality, accuracy or Sulkiest subdivision when The Sell. shall r the Purchaser errd in contactors of any tie firm all liability and darn of my mom by a duly on over the work the work Performed, or required by any other day Carlo public authority havingjunst prase resulting firm Nc perfoomanm of such work. all agrees to hold the City of Fort Collins harmless farm and against ill liability eel loss vendor. Seller Fort . in them by reason of an assured or established violation of my such laws, regulatiors, ordinance, cal. incurred by This release shall apply ern in the evens of Taub of negligence of the parry mlmsd and shall extent m the or and rcgmrmenh. direcurs, officers and employees of each party. Authorimtion. All parties to this contact agree Out the representatives arc, in fact, bans fide and possess full and caradee authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits accepmna an the tom and coudifiom stated herein set fats and my supplemrotary Or additional terms ad cauditiors connected Mato or incorporated herein by reference. Any additional or different tans and candi0ors proposed by seller are objected to and hare"jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive as your promised delivery date Or noted. Time is of the essence. Delivery and performance most be offered within the time stated on be purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of pmlzl late delwariu, shall apeman, as a waiver of this provision. In the event ofany delay, the Purchaser shall hive, in addition a other legal and equitable rmbeirs, the option of placing this order elsewhere and holding the Seller liable for damages. Hmseva, be Seller shall of be liable far damages as areal of delays due to moos tut reasonably foreseeable which are beyond its reamouble control and without its fault or argligmca such acts ofG W, rich mfcivil or military authorities, governmental routines, f strikes, flood, epiderries, wars or riots provided that notice of the conditions causing such delay is given m the Purchase, within five (5) days of the time when the Seller limit received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the peril equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wamanh that all good, articles, materials ad work covered by Nis order will roofom with applicable drawings, specification. somphs Waror other dcsexiptions given, will be fit far the VutPoas intended, ford pert d with the highest degree of cane and competevm in Occodance with accepted sadards for work of a similar nature. The Seller agrees to hold the purchaser brand. from any has, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall repine, 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 an may be prescribed by law or by the terms of any applicable warranty provided by the Sella after the data of acceptance of the goods burnished hereunder (mceptaoce not u be unreasonably delayed), resulting fmm imperfect or defective work done or mancials fumishd by the Seller. Acceptance or sea of gaud by the Purchaser shall cat ronmlute a waiver ofany clam under Otis wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall afford a all damages proximately caused by the breach of my of the foregoing warrommi or guarnal., but such liability shall in no event include lop of profits Or loss ofoc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by carmen change Oder 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes at the arms, other than legal terms, including dditimss to or deletions fmm Be quaarinei on f gully ordered in the spoiticaumis or drawings, by verbal or wrinm change bode. If any such change afeds the amount due or Ne time afpc repromce hounder, an equitable djusfmol shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all protons of the goods then not shipped, subject to any equitable adjmtmmt between the panics as m my work or materials than in progress provided that the Purchaser shall not be liable for any claims for anticipated profits an the mcompletd portion ifthe goads and/or woh, for incidental or consocconamd damages, ad but m such dJrstmmt be made in favor of the Seller with rapecr to my goods which are the Sellers stfordad stock. No such armirestion steal relieve the Purchaser or the Seller of my archaic obligatiors m to my goods delivered Inamorata. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must to, asserted within thirty (30) days from the dam the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants but all gods said M1munder shall have been produced, said, delivmd ford furnished in strict compliance with all applicable laws and regulations a which the good am subject. The Seller shalt execute and deliver such decummts as may be required to effect or ovideram compliance. All laws and regulations tryuitd or be ncoryoated in agreomts of this character o herby incorporated hmiv by this refereoc. The Seller agree a indemnify and hold the Purchaser harmless fmm all costs and damages sus brat by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither perry shall assign, aansfor, or convey this other, or any moni. due or to become due hereunder, without the prig written orsmt of the other party. IO.TITLE. The Sell. warrants full, clear and uaresNded side of the Purchases for H equipment materials, and it. fumishd in performance of this agremen. From and clear of my and all liras, r.Wctiors, resm he.. —ty interest mcumbane. end claims crochets. The Sellers contactual obligations, including womanly, shall not be deemed to be, reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use my design, device, material or process covered by letter, patm, trademark Or copyright, the Seller shall indemnify and save harmless be Purchaser form my zed all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged m pay by reason of such infringement at tiny time during the prosecution or after the completion of the work In case said equipment, or any par thereof ter the intended me of $e goods, is in such suit held to mrs[imte ire ingemcnt and the use of said equipment or pan is enjoined, the Seller shall, at in own expense and at its ophoo, either procure for the Purchaser the right to continue using said ataipmrnr or parts, replace the same with mbsaantially equal but commingling equipmmc, or modify it so it becomes mni Dging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Seller property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. 1M definition oftems broad or the interyretati.n ofthe agreemrnr ford the rights of al parties hounder shall be command Order and govemed by the laws office Sate of Colorado, USA. The following Additional Conditions apply only in rases where the Seller is N perform woh hmuoder. including the services of Sellers Represenative(s), on the prmis. ofbthem 19. SELLERS RESPONSIBILITY. The Seller anon Carry On said work at Sellers owa risk unfit the same is fully completed and trolled, and shall, in case of my Occident, desmrrtion or injury b the work author materials before Sellers final completion and ammonium, complete the woh at Series own epense and as the satisfaction of the PumM1axr. When materials and m.ip. are f ubd by others for installation or erection by the Seller, the Seller shall receive, udaud, store and Idle same on the site and become re'souble therefor as though such mrmoks mdror tgmoment were being fisted by the Seller under the order. I I. INSURANCE. The Seller shall, tit his own expense, provide far the payment of workers comp coition, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, auditor to their dependenrs in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry, comprehensive general liability including, but not limited to, conrointol and automobile public liability assurance with bodily injury and death limits of at least Solo," for my one person. 550a,00o for my are incident and property damage limit per accident of S4W.000. The Sella shall likewise require his commons, irony, to provide for such compensation and insurance. Before any of the Sellers Or his composition employees shall do any work upon the promises of others, the Seller shall furnish the Purchaser with a orificate that such mmpensntion and insurance have been provided. Such mitificams shall specify the dale when such mpmcsation and insurance have been provided Such certificates shall sparsity, be edam when such compensation and icommrce action. The Seller agrees dust such compensation and insurance shall be mainaind until after the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby aamnes the retire responsibility and liability for my and all damage, loss or ujory of my kid or nacre whatsaver to perform ter property mused by or resulting fmm be, execution Ofthe work Provided for in this purchase order or in comenion hmwith. The Sella will indemnify and hold harmless the Purchaser and my r all of Be Purchasers aRcmi. agents and employees from and against my and all claims, Imars, damages, charges or expenses, whether direct or indirect, end whether to persons ar property to which the Purchaser may be pm or subject by reason of my act, action, modes, omission or default on the pan of be Sell., any of his obnowa rs, no my of the Sella or coureactars arrears, agar. .1 amployrex In lea any mit or offer proceedings shall be brought agaira t the Pardoner. Or in eficm, .,at or employes m not time on account or by reason army act, action, neglm, omission or default of the Seller of my of his contramors or my of its Or their .liters, agents or employees as aforesaid, the Seller hereby agrees to assume the defcme thereof and to defend the same at the Sellers own expense, to pay my and all costs, charge , morvays f and other, expersea, my and all judgments that may be incurred by or obtained against the Purchaser Or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or offer lion be placed upon or obtained against the propmy, of the Purchaser, or said panic in or in a result of such suin or other proceedings, the Sellerwill at area muse the same, N be dissolved and dischfogd by giving broad or Otherwise. The Seller and his contractors shell take ell safety precautions, fish anal moat] all guard necessary for the prevmtiav of accidents, comply with all laws and regulations with regard to safety including, but without limitmio, the Occupational Safety and Health Ad of 1970 and all ales and regulations issued Panama data. Rained 07n014