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HomeMy WebLinkAbout499991 COLORADO HEALTH MEDICAL GROUP - PURCHASE ORDER - 3215041Fort Collins Date: 01/02/2015 PURCHASE ORDER Vendor: 499991 COLORADO HEALTH MEDICAL GROUP PO BOX 732031 DALLAS TX 75373-2031 PO Number Page 3215041 +eft This number must appear on all invoices, packing sli s and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/02/2015 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price Fit For Duty Tests Annual 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 5,000.00 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 I. COMPTERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from able vq local taxes. Om Exemption Number is I I. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of Ne Pumhascr to insist upon snip prificarsommose of the terms and conditions hereof, failure or delay to Internal Reveme, Denver, Colorado (Ref. Colorado Revised Sumtes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided hnem or by law, failure a promptly unify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release Ne Sella of Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties in obligations of this purchase order and shall not be demed a waiver of any right of the damage iai mansi4 may be remmnd to you for credit and me not to be replaced except upon receipt of written purchaser to insist upon stet performance haeofor any of its rights or remedies as many such goods, regardless infinam ow from the City of Fort Collins. of when shipped, received or amended, as to any prior or subsequent default hereunder, nor shall any postponed oral modifima um or r«ission of this purchase order by the Purchaser unmask, as a waives of my of the W. hupeniow GOODS art subject m d City of Fon Collins inspection on arisul. hereof. Firbl Acceptance. Receipt of Ne mereherdise, serviced or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be undersaood Out FINAL Seller and the Parchua recognize that in mural economic practice, overchages resulting from mtieust ACCEPTANCE is dependent upon completion trail applicable required inspection procedures. violations are in fact home by the Portion, Theretofore, for good cab¢ and an, comidmarron for executing this purchase oMe, the Seller hereby assigns to the Purchaser any end all claims it may raw have in hereafter Freight Terms. Shipments most be F.O.B., City of pan Collins, 200 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this aide,. Upermission is given to prepay freight and charge separately, the original freight purchased or mquied by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for pmking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where rn""uracturers have distributing porn. in various pans of the country, shipment is If the Purchaser directs N, Seller to correct nonconforming or defective goad by a date to be agreed upon byfar expected fmm the nearest distribution point to destitution, and excess freight will be deducted f Invoice when Purchaser and the Seller, and the Seller Hereafter imbrates in inability m uowilliagness to comply, do, Pmchawr shipments art made from greater distame. may muse the work to be pert ed by the most expeditious teem¢ available to it, sal the Sella shall pay all crab cunciated with such work. Permits. Seller shill procure in sellers vole cost all necessary pctmiu, cenibetet and lints. required by sell applicable laws, regulations, ordinances and tales of the sum, municipality, territory in political subdivision where the work is performed, or required by any other duly momimted public authority having jurisdiction over the work of vendor. Seller Portlier agrees to hold the City of pan Collins harmless from end against all liability and loss bed by them by reason of an asserted or established violation of my such laws, regulations, ordinances, rules and acquirements. Authorization. All parties to this contrast agree that the representatives are, in fact, thou fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits mceptane to No W. and conditions stated herein set focus and my aupplemenmry, or additional mines and conditiom mrcxed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment m arrive on your promised delivery date as noted. Time is of the essmce. Delivery and performance must be effected within the time slated on the purchase order and rise documents slushed hereto. No ask of the Purchase. including, without Radiation, acueptme i f,miol lade deliveries, shall patom as a waiver of faits provision. In the event crony delay, she purchaser shall have, in addition to other legal end equitable remedies, thr option of placing this order elsewhere and holding the Seller liable for damages. No., rise Seller shall at be liable for damages as a result of delays due in causes not reuorobly foreseeable which an, beyond its reasonable moil and without its fault ofnegligence, such acts of God. acn ofcivil or military au laccomes, governmental priontim, dues, strikes, flood, epidemics, wars or now provided Not notice of the conditions musing such delay is given on the Purchase within five (5) days of the time whim the Sella first, received knowledge thereof. in the event of my such delay, the date of delivery shall be extruded for Ne period equal to the time adnally lost by mavon i fthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andrm other descriptions given, will be fit for the purposes intended, and performed with the highest degree of me and competence in accordance with accepted surMards for work of a imilm tumre. The Seller apnea to hold the purchaser hmnlcu from my loss, damage or expeue which the Purchaser may suffer or Inem m account ofthe Sellers broach of m rrsory. The Salla shall replace, rep'u or make good, without cast to the purchaser, any defers or faults arising within toe (1) year or within such longer period of time as may be prescnbed by law or by the tams of any applicable wamaury provided by the Seller after the date of seaplane of the goods furnished hereunder (mcepume not to c, unreasonably delayed), resulting from imperf t or defective work done or materials Pomished by the Sella. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to AI damages proximately caused by live breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase may rake changes to legal terms by wainm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make any changes to the tends, other than legal bra, including additions In or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or wrinet change omm. If any such change anthems the amount due or Ne time ofpeformmce hereunder, an equitable adjustment shall be rmade. 6. TERMINATIONS. The Pumhasa may an any time by written change order, terminate this agreement as to any or all postiaru of the goods then out shipped subject to my ministate edjustampat between the parties as to any work or materials then in progress provided that the Purchaser shall not b, liable for my claims for anticipated profits on the ancomplard portion of rae good mNor work, for incidental or counterterrorist damages, wad that on such WjlsM1nent be made in favor of the Sella with rapacl to my goods which art Ibe Sellers standa d snack. No such amommien shall relieve the purchaser or the Sella of my ofNeh obligatiom is to my goods delivered hememder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the done the change or lamination is ordered 8. COMPLIANCE WITH LAW. The Seller wmans chat all good sold hcreunda slot hove been produced sold, delivered and famished N strict compliance with all applicable laws and regWatio s, to which the good aR subject. The Seller shall execute and deliver such docummn u may be required to effect or evidence compliance. All laws and regulations requird m be incorporated m agreements of Nis character are hereby incorporated herein by this reference. The Seller agrees m indemnify end bold toe Purchaser harmless boom all costa and damages suffeand by me purchases as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, transfer, or convey this order, or any monies due or to become due hereunder wiNOut the prior wdren consent ofthe other parry. 10. TITLE. The Seller warrens full, clear and um mu med ti0e to the Purchaser for all equipment nutmials, and it. famished in pinfirromance of this agreement free and clew of any and ell lieu, restrictions, motivations, secmriry interest enclmrbmmes mM claims of.thi s. The Sella shall release the Pumhaser and its contractors of any tier frem all liability and claims of any nature dulling fmm the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the director, olticera and employees ofsuch parry. The Sellers contractual obligatiom, including womanly, shall not be deemed to be reduced in my way, because such work is performed or caused to be performed by the Purehatn. 14. PATENTS. Whenever Ne Seller is notional to Is, any design, device. mammal or process covered by lever, pater, mademmk Or copyright, the Seller shall indemnify and save hmmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, material or process in connection wit Ne contract, and shall indemrtify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipm,nt or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoiMd, the Seller shall, at its own expense and at am option, either procure for the purchaer Hie right m continue using said equipment or par., replace rise same with substantially equal but roninfringingepapawnr, or modify it an is become mminfififi g 15. INSOLVENCY. If the Sella shall become brads., or banktup, make an ressigmnem for the bmefit of creditors, appoint a ancrism err trustee for my of the Sellers property or business, this order troy foMwith be canceled by the Purchaser withom liability. 16. GOVERNING LAW. The definitions of teems used of Ne Nterprebtion of use agreement and me rights of all parties hereunda shall be comwed under and governed by the laws ofthe Mute ofCalowdo, USA. Tb, following Additional Condition imply may in rams where the Seller u to perform work hereunder, including the servicesof Salle. Represenbtive(s), on use pmeniws ofmt IJ. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same Is Polly completed and accepted, and shall, in c of any accident, domparrim or injury to the work rani materials before Sellers final completion and so eptme, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and repayment me famished by others for installation or erection by $ce Seller, the Seller shall receive, unload, stare and handle samr at the site and became responsible therefor as Hough such mmmds mi equipment were being famished by Ne Seller wrier the order. 18. INSURANCE The Sella shall, at his own rxpase, provide for the payment of workers catermanciambar, imlading isompaliovl discus benefits, an is employers employed on or in connection with the sock covered by this purchase order, andror to their depa dents in accordance with No, laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited N, controversial and automobile public liability ira manic with bodily injury said death limits of al least 8300,000 for my one person, $500,e00 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall fiunish the Purchaser wit a certificate that such compensation and insurance have been provided. Such morificate shall specify the date when such compensation cold imimvlce have been provided. Such ertificatea dull specify Ole date when such confirmation sand notorious expires. The Seller agaves that such compensation and insurance shall be msmuivN mfil arm the entire work is completed and mepted- 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes face retire responsibility and liability for any and all damage, loss or jury of my kind or nature whatsoever to perots at 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 bold harmless face Purchaser and any r all of the Pumhssas officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to pecans or property m which Ne Purchaser may be put or subject by crown of any rat, action, neglect, omission or &&oil on the pan of the Seller, any of his comasaars, or my of the Sellers or contractors officers, agents or employees. In case any sort or other pmeedings shall be brought against the purchaser, or its officers, agents or employees at any rime oa account or by reaon of any act, anion, neglect, omission or default of the Seller of my of his rontracta. or my of is or their .Ricers, agents or employees as aforesaid the Seller hereby agrees a assume Ne defame Nrrenf and m defend the scone m no Sell= own expense, in pay my and all toss, charges, oromeys fees and other expenses, my and all judgermu that maybe incurred by or obtained against the Powhaur or any of is or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against rise property ofthe Purchaser, or said parties in or as; a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall rake all safety praauti0rls, formsh and install all Woof s necessary for the prevention of secidens, comply with all laws and regulation with regard to safety including, but without limitation, the OccuFational Safety and Health Am of 1970 and all tales and mplatiom issued pu.luno dietetic. Revised 0I2014