Loading...
HomeMy WebLinkAbout113272 VISION SERVICE PLAN (VSP) - PURCHASE ORDER - 9150016Fort Collins Date: 01/02/2015 Vendor: 113272 VISION SERVICE PLAN FILE # 73203 P0BOX 741810 ARVADA CO 80006-1810 PURCHASE ORDER PO Number Page 9150016 1of2 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 & CONDITIONS OF RFP 7648. Line Description Quantity UOM Unit Price Extended Ordered Prirn 1 GROUP VISION PLAN COVERAGE 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 Total 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. COMMERCIALDETARS. Tax exemptions. By statute the City of TOP Collins is exempt fmm scam and local boxes. Our Exemption IlunGer is 98-04502. Federal Excue Tax Exemption Certificate of Registry 84-5000582 is tetistcred will the Collector of Inmmal Revenue, Denver, Colorado (Ref. Colorado Revised Stamres 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of damage in tranot, may he returned to you for credit and are not to be replaced except upon receipt of women instructions from the City of Fore Collins. Impaction. GOODS are subject to the Ciry afFort Collins in sa4oa on arrival. Final Acceptance. Receipt of the merchandise, services of equipment in mponne to this order can result in authorized payment on the pan of the City of Fort Collin. However, it is . be understood that FINAL ACCEPTANCE is depeMmt upon completion of all applicable required inspection precedurn. Freight Terms. Shipments must be F.O.D., 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 most accompany invoice. Additional charges for parking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is exacted from the nearest distribution point to destination, anal excess freight will be deducted from Invoice when shipments are model greater distance. 11. NON WAIVER. Failure ofthe Porchasm to insist upon shier perfsmounce of the mans and canditiom hertoL failure or delay to x.eficiteany rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the accepmace of or payment far goods hereunder or approval afthe design, shall or release the Sd1a of any of the warranties or obligations of this purchase Pace and shall not ha deemed a waiver of any right of the purchaser to insist upon strict performance hereofor any of its rights or remedies as m any such goods, regardless of when shipped, received in accepted, as to my prior or subsequent default hereunder, nor shall my purported oral modifiation or rescission of this purchase order by the Purchaser operate as a waiver of any of the toms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser aria row that in actual aromatic practice, overcharges muffing fmm antitrust violation all in fact tame by be Purchaer. Theretofore, far goad nause and as consideration for exemting this purchase order, she Sella hereby ensign to the Purchaser any and all claims it may now have or hereafter acquired under federal m state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant o this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller m mrtect rwnconfmming or defnnive goad by a daze to bit agreed upon by the Puchaer and the Sella, and the Sella thermRer indicates its inability or m villingness a comply, the Purehner may muse the work a be performed by the must expeditious memo available to it, and the Sella shall pay all costs associated with such work. Permits. Sella shall pmcam at sellers we cost all necessary Pamirs, certificates and licaua acquired by all applicable laws, co alaion, ordinances and boles of the sate, municipality, tai mry or political subdivision whom, the work is performed, in required by any order duly contin ed public aurMrhy having jurisdiction over the work of vendor. Sella funkier agrees to hold the City of Fort Collin harmlas from and against all liability and loss recurred by them by reason of an assured or established violation of any such laws, regulatio s, ordinances, boles and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority m bind said WPa.. LIMITATION OF TERMS. This Purthane Order expressly limits acceptance to the to. and condition stated herein sets forth and any supplementary An additional it. and coaddion smexed hereto or incorporated herein by ref raxm. Any additional or different terns and cmdidan proposed by seller are abjected 1. and hereby rejcred. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make mmpletc shipment ro above oa your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the lime stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, accepana of partial late deliveries, shall Pismo, as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition. other legal and equitable remedies, 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 du, m causes not reasonably foreseeable which are beyond is reasonable comrol and without its fault of negligence, such arts of God, acts of rivil or military atlmrities, gov ..I primiies, fires, strikes, Rood. epidemic, wars or Poor provided that notice of the condition musing such delay is given to the Purchaser within f (5) days of the time when the Sella first meived knowledge thereof. In rha event of my such delay, the date of delivery sha11 be extended for the period equal to to time acmmly last by man. aFfa delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this order will confirm with applicable drawings, specifications, samples and/or other dacriptions given, will be fit for the 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 .grew to hold the purchaser hamdeas farm my loss, damage or expense which the Purchaser may suffer. incur on nacount of the Seller branch of ormimty. The Sella shall replace, repair nr make good, without cast to the purchaser, my defter Or faults mixing within one (1) year or within such Longer period of time as my be prescribed by Law or by the terms army applicable warranty provided by the Sella after the date of acceptance of the good famished fiereuada (acceptance or to be umeamPubly delayed), resulting from important or defective work done or materials f isMl by the Sella. Areep ay,o or use of goods by the purchaser shall scar contlmm a waiver of any claim under this warranty. Except as otherwise provided Or this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wammaia or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. no Purchaser may make changes 1. legal terra by wriam change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, Oiler than legal tams., including addition to or deletion farm the qumtificy originally ordered in the s,ainarmas or drawings, by verbal or wro rn change order. If my such change fees the amount du. or the time of paf.ia hereunder, m equtiable edjndmml shall be made. 6. TERMINATIONS. The Purchaser may at my time by women change order, temrimte this agreement as to any or all punions of the good then not shipped, subject to any equitable adjustment between the parties as to any work or materiels then in progress provided that the Purchaser shall not be liable for any claims for anticipated froths on the uncompleted guidon of the goods ardor work, for incidental or cesequamol damages, and that no such adjustment be oode in favor of the Sella with .pat to any good which art to Sellers stardom stack. No such Lamination shall relieve Oe Purcltaner err the Sella of any ofthehobliga nnis as to may good delivered Intension. 2. CLAIMS FOR ADJUSTMET. Any claim for adju sown most be, moral within diary (30) days from the date the change or lermimdion u ordered 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in stain compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such domments as may he required to effect or evidence compliance. All laws and regulations required to be incoryomtcd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchases hamaless fmm all wets and darages .Red by the Purchaser ss a result of the Sellers failure to comply with such law, 9. ASSIGNMENT. - Neither party shall assign, transfer, or convey this order, or any mania due or an become due hereunder without the Labor writ ancient ofthe other parry. 10. TITLE. The Seller wamms full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items famished in performance of this agreement, face and clear of any and all liens, Plumbous, reservation, security interal .cumb.. and claims ofathers. The Sella shall release the Purchaser and its contractors of any tier farm all liability and claims of any .Urea malting farm the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the dire..., offcers end employers fsuch party. The Settees contractual obligation, including warmly, shall not be dermal to be reduced, in my way, because such work is perfumed or mused to he performed by the Purchaser. 14. PATENTS. Whenever ova Sella is required Ia use my design, devire, material or process covered by far, patent, trademark or copyright, the Seller shall indemnify and save harroless the Proxima firm my and all claims for infringement by reason of the use of such pounded design, device, oorerial Or process in contraction with the contract, and shall indemnify the Purchner for my cost, expense or damage which it may he, obliged to pay by reamn ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to contimte infringement and the use of said equipment or pan is enjoined, the Seller shall, at is own expense and a1 its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfonging equipment, or modify it an, it becomes noninfnluging. 15. INSOLVENCY. If the Seller shall become insolvent or hankmp, make an assignment fro the benefit of auditors, appoint a mciva or unmc far any of the Seller pmpmy or buss., this order may forthwith be, cmceled by the Purchaser without liability. 16. GOVERNING LAW. The dernition oftems anal in the interpretation ofove agreement and the rights ofall parties hereunder shall be construed mda and governed by the laws ofthe State of Colorado, USA. The following Additional Condiriom apply only in cases where the Seller is m perform work hereunder, including the servicesof Sellers Represenative(s), av the premier o(othen. 17. SELLERS RESPONSIBILITY. The Sella shall any on aid work or Seller. own risk raml the same is fully completed and acrep aL and shall, in save of any encoder, destruction or injury in the work araNm material, before Seller's fool completion oral acceptance complete the work . Selleds own expense and to the satisfaction of the Pacbaser. When materiels and equipment ere famished by others for insallatiou or erection by the Sella, the Sella shall receive, unload, store and harylle same at the site and become mponible therefor as though such materials anchor equipment were being burnished by the Sella under the order. 1 18. INSURANCE. The Seller shall, an his own expense, provide for the payment of workers compensation, including Occupational disease benefits, to its employees employed on or in connection with the work coward by this purchase on er, andfm to their dcpenderm in accordance with the Lows of the state in which the work is in be dune. The Seller shall also carry comprehensive gmeml liability including, bra Out limited Or. contracnW and amamobile public liability insurance will bodily injury and loth limits of at lout S300.000 for any one person, SSKOOO for my one accident end property damage limit per accidem of S400,NW. The Seller amid likewise require his confismors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premier of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided Such certificates shall specify the date when such ompenation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Sella agrees that such compensation and insurance shall Ie maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the It. bopossibility gall liability far any and ell dinage, loss or injury army kind or nano. whatsoever 1. person or property eased by or multing fmm Ore execution, Prove work provided for in this purchase order or in cometion herewith. The Sella will indemnify and hold harmless ncc Purchaser and any or all of the purchasers officers, agents and employees fium mad against any and all claims, losses, damaga, charges or expenses, whether direct or inducer, and whether to person or pmpeny to which the Purchaser may be pm or subject by reason of any Oct. action, neglect, omission or default on the pan ofthe Seller, any of his contracmrs, or any of the Sellers or contractors officers, agents or employees. In case my suit err other proceedings shall be brought against the Purchase, or its offices, agents of employees at my time an account or by reason of my act, action, neglect, omission or &Gull of the Seller of my of his contractors or any of its or their olficefs, agents or employces as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, 10 pay any and all costs, changes, atlmneys fas and other exp eons, my and all judgments that may be incurred by or obtained against the Purchaser Or my of its or their officers, agents m employees in such suits or athcr proceedings, and in cane judgment or mhar him be placed Tryon or obtained against Ore tragedy of the Purchaser, or said parties in or as a mull ofsuch suits of other procce ings, de Seller will o mace cause the.ante to ha dissolved and dschmged by giving bond err otherwise. The Sella and his contactors shall take all safety precomion, fimdsh and install all guard necessary for the prevention of accidents, comply with all laws end regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all boles and regulation issued pursuant thereto. Revised 012014