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HomeMy WebLinkAbout499991 COLORADO HEALTH MEDICAL GROUP - PURCHASE ORDER - 9140373PO PURCHASE ORDER 914037er Page C117/ of PURCHASE 9140373 1 of 2 ' `t Collins lies This number must appear V ` on all invoices, packing sli s and labels. Date: 01109/2015 Vendor: 499991 COLORADO HEALTH MEDICAL GROUP PO BOX 732031 DALLAS TX 75373-2031 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 Transfer funds out of 071 1 LOT EA 319.00 7 Transfer funds out of 072 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@fogov.com 1 LOT EA 3,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522.0580 Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stature she City of Fart Collins is exempt fmm amo vM lead taxes. Our Exemption Number is 9"503. Federal Excise Tax Enan fin Cartifiao of Registry 84-60(i is registered with the Cohen. of lnmml Revenue, Denver, Colorado (Ref. Colorado Revised Senator 1971. Chapter 39-26, 114 pd) Gaud Rejected. GOODS REJECTED due to failure to meet spaifcatfns, either when shipped or doe 1a defer. of damage in vomit, may be retuned o you for credit and are not to be replaced except upon receipt of won. instructions from the City of Fort Collins. Inspection. GOODS me sal to the City of Fon Collins imitation on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the part of the City of Fart Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedum. Freight Terms. Shipments not 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 most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have diambuting points in various parts of the country, shipment is expected from the am ou distribution point to datimtion, and excess freight will be deducted from Invoice when shipments are made from greater distance. Parnits. Seller shall Procure an sellers sale cost all na., permits, canifncales and liar required by all applicable laws, regulations, ordiances and roles of the state, municipality, territory or Political wbdivision where the work is performed, or wa a nit by any other duly emotional public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fort Collim harmless fmm and against all liability and loss incurred by them by reason of an assestcd or atablishad violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All parties to this contract ogee that the representatives are, in fact, bona fide and possess full and complete authority o bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance no the terms and conditions stated herein set faith and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or dtflerad ham and conditions proposed by seller are objected to and hereby rejecld. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arive on your promised delivery date as acted. Time is of the essence. Delivery and performance most he effected within the time stated an the purchase when and the documeats aached hereto. No tic. of the Purchasers including, without limitation, aceptame ofponial late deliveries, shall opinion as a waiver of this provision. In the event ofany delay, the Wrchaur shall have, H addition a other legal all equitable ma dies, the option of placing Nis order lsawhere and holding the Seller liable for damages. However, the Seller shall not be liable fro damages w e result of delays due w aruns not rcasorubly foreaable, which are bryoM its icuomble antral and without its fault of negligence, such acts of Gad, acts ofcivR or military authorities, govemmmul priorities, fens, strikes, flood, epidemic, wars or riors provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period ca l o the time usually lost by woman ofhe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will contains with applicable drawings, specifications, samples and/or offer dariptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar acre. The Seller agrees to hold the puaMser harmless main any loss, damage or expenu which the Purehwer may sulTer, or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make goal, without cost to the purchases, any def cts or faults arising within am (1) year or within such longer period of time as may he prescribed by law m by the terms of my applicable waranty provided by the Seller after the date of acceptance of the good fumuhed hereunder (acceptance not to be unrtaomably delayech. resulting from imperfect or defcclve work done or materiels furnished by the Sella. Arccpunwe or use of good by the Pwchwer shall rot constitute a waiver of any claim under this wartan,. Except as otherwiu Provided in this Purchase order, the Sellers liability hereunder shall extend to all damages proximately aund by the breach of envy of the foregoing wartanties or guarantees, but such liability shall in no event include loss of profs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. Thar Purchaser may make changes to legal terms by written change offs. 5. CHANGES IN COMMERCIAL TERMS. The Purchoaer may mike any changes to the now, other than legal tars, including additions to or deletions from the quantities originally ordered in the specification or drawings, by verbal or written change offer. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all pommus of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not her liable for any claims for anticipatal profits on the uncompleted Portion of the good md/ar work, for incidental or consequential damages, and that no such adjostmrnt be made in favor of the Seller with respect to my goods which are the Sellers laadh stock. No such marriaaon shall relieve the Purchases or the Sella of any oftheh obligation w to my goad delivered hereunto. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be mandal within thiM (30) days fmm the dare the change or termiatim is ordered. 8. COMPLIANCE WITH LAW. Thc Seller wartants that all good sold hereunder shall have ban produced, sold, delivered and finished in sfm compliance with all applicable laws and regulations to which the goods an a taut. The Seller shall exearn and deliver such doiumenti w may he required to effect of evidence compliance. All laws and regulations required to he Incapacitated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Puohwer harmless fora all costs and damages suffered by the Purchase ns a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall wsign, nansfn, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Scllcr worm. fall, clear and unretrieted the to the Purchaer fro all OmiForm, tateriala, and it. famished to perfarmantt of this agreenrcm, free and clear of any and all lies, restrictions, resena4one, somity interest rrwmbmmras and dims ofodarz 11. NON WAIVER. Failure of the Purchaser to insist upon strict Performance of the terms and comitime herear. failure or delay to exercise or may rights remedies provided herein or by law, failure anpromptly nothy the Sella In the event of a breach, the acceptance ofor Payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the wartavtia m obligations of this purchase order and shall ram be dcemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights Or remedes as to any such goods, regardless of when shipprd, received or accepted, as to any prim or subsequent default hneuvder, nor shall any purported am] modification or rescission of Nis purchase offer by the Purchaser opemu as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual amomic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theremfore, for good cause and w consideration for examing this purchaas order, the Seller hereby msigw to the Purchaser any and all claims it may now have or hereafter acquired under federal or suite antitrust laws for such overcharges relating to the Particular goods or services purchased or ncquirN by the Purchaser Fusion to this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dhects the Sella of affect mnconfarming or defective goods by a daze to be agreed upon by the Probations and the Sella, it the Seller thereafter indicates its inabiliy or unwillingness to comply, the Purchaser may no. the work to be performed by the most bxpalitiow means mailable 10 a, all the, Seller shall Pay all cos. a.a.;ated with such work. The Sella shall release the Purchaser and its contractors of any tier fmm all liability aced claims of any on resulting from the performmace ofauch work. This release shall apply even in the event of fault of negligence of the party redewed and shall extend to the directors, officers and employees ofauch parry. The Scllels conlrecoal obligations, including wormady, shall not be deemed to be reduced, in any way, because such work is performed or round to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required muse any design, device, material or process covered by letter, poem, trademark r copyright. the Seller shall indemnify and save harmless the Purchases from any and all claims for infringement by reason of the use of such patented design, device, material or process in cmmection with the contract, and dull indemnify the Purchaser far any cart, exps. or damage which it may bw obliged to pay by reason of such management at any time during the prosecution or after the complaints of the work. In cane said equipment, or any pad thereof or the intended use of the good, is in such suit held to connote infringement and the un of said equipment or pad is enjoined, the Sella shall, at its own expersse and of its option, either praure for the Purtbsscr the right in common using said equipment or Forks, replace the same with substantially equal but rmninfnnging equipment, or modify it w it becomes noainfringing. 15, INSOLVENCY. If the Sella shall become insolvent or bankmpt, take m assignment for the benefit of admix, appoint a receiver or town for any of the Sellers property or business, this order rosy forthwith be canceled by the Purchaser without liability. Its. GOVERNING LAW. The definitions of terns used or the interpretation ofee agreement and the rights of all parties hereunder shall be comtraed under and governed by the laws of the Same of Colorado, USA. The following Additioal Conditions apply only in cases where the Sella is o perform work hereunder, including fie services of Sellers Ra rewntanive(s), on the pmnises ofmaus. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said wark at Selleh awn Auk .,it the warn a fully completed all ancepod and shell, in an of any accidents destruction or injury to Ore work srrdor materials before Scllels fcal completion end aecptann, complete the work at Scllcls own expense and to the amanita of the Purchaser. Wen mortals and equipment art Immortal by other fro installation or erection by the Sella, she Seller shall receive, unload. than and handle wme at she site all become Aespmasible therefor as though such materials mtchm equipment were being fmished by the Seller under the under. 18. INSURANCE. The Seller shall, at his own expense, provide for the prymant of workers compoustion, including occupmiaal disease benefits, o its employees employed on or in connection with the work cosered by this purchaw order, anchor to their dependents in accordance with the laws of the state in which she work is to be done. The Seller shall also any comprehensive Wtoml liability including, but not limited lo, continual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one Person, 55W,o00 for any one occident and prised,, damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such con,wasoliun and insurance. Before any of the Sellers ar his comments employees shall do any work upon the Premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the dme when such compensation and ir.urunce have been provided. Such certificates shall specify du date when such compensation and insurance expire. The Seller agrees that such compensation all insurance shall he maintainal until after the bathe work is comply d and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. Thc Sella hereby assumes are =rim twponsibiliry and liability for any and all damage, lass or injury ofmy kind r more whatsoever to persons or property auud by or in., form the caatiaa afde work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purebwers officers, agents all employees from mall against any and ell claims, losses, damages, charges or expenses, whether direct or indirect, and whether to proam or portion, to which the Pardoner may be put or subject by tenon of any rot, action, naglaet, omission car default can the part of the Seller, any of his contractors, or my of the Sellers or ontmetors officers, agents or employaa In case any suit or other proceedings shall be brought against the Purchaer, or its officers, agents in employers at any lime on account or by reran of my act, action, neglect, omission or default of the Sella of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees an wmme the defense thereof end to defend the same or fin Sellers own expense, to pay any and all coos, charges, earmarks fees and other expenses, any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their officers, agent or employees in such suits or other praeedings, and in can judgment or other lien be placed upon car obtained against the p tar, ofthhe Purchaer, or wid Facia in or as a result of sah wits or other pranni irip, the Seller will a1 once souse the same to be dissolved and discharged by giving band m otherwise. The Seller and his cantrmators shad take all safety sannions, f ish and ini all guard oaeswry for the proverb.- of accidents, comply with all laws and nwaions with regard to safety including, but without limitation, she Cee.,fioal Sormy all Heath An of 1970 and all roles anal.,,.. issued pwamw foram Raised 07n014