HomeMy WebLinkAbout543224 TOUCHSTONE HEALTH PARTNERS - PURCHASE ORDER - 9146723PO
PURCHASE ORDER 914672er Page
CI�I of PURCHASE
9146723 + of z
' `t( OI I Ins This number must appear
` V `l on all invoices, packing
sli s and labels.
Date: 01/20/2015
Vendor: 543224
TOUCHSTONE HEALTH PARTNERS
125 CRESTRIDGE ST
FORT COLLINS CO 80525-3934
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST- 1ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 11/18/2014 Buver: ED BONNETTE
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
4 FY14 CDDT Program
1 LOT EA
ADDED PER W. BRICHER EMAIL DATED 1/16/15 2:40 PM. -ECB
5 FY14 CDDT Program
1 LOT EA
ADDED PER W. BRICHER EMAIL DATED 1/16/15 2:40 PM. -ECB
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
2,072.73
26,066.45
Total
Pay terms net 30 days
Invoice Address:
139.18
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terris and Conditions
Page 2 of 2
1. COMMERCIALDEI'AIIS.
Tax exemptions. By statute the City of Fort Collins is exempt from stare and local taxes. Our Exemption Norman,
11. NONWAIVER.
98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000582 is registered with the Collector of
Failure of the Purchaer to insist upon snict performance of the terms and conditions hereof. failure or delay to
Internal Revenue, Deaver, Colim& (Ref. Colorado Revised Statutes 1923, Chapter 39-26,114 (a),
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event or
breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall nor elease the Seller of
Goods Rejected. GOODS ME= due to failure to meet specifications, either when shipped or due to defects of
any of the warranties Or obligations of this pooebase order and shall not be deemed a waiver of any right of the
damage In much, may be eeturoal to you for credit and are not to be replaced except upon receipt of written
purchaser to inset upon strict Importance ficia,for any of it rights or remedies as to my such goods, regardless
instructions from the City of Fart Collie.
of when shipped, received or accepted, as m any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the area
Inspection. GOODS are subject to the City of For Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the memhandise, services or informant in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS,
dommiaed payment on the Pont of the City of Fart Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognim that in actual a omie practice, o ercharges resulting to. antitrustACCEPTANCE
ACCEPTANCE is dependent upon completion ofall applicable returned inspection procedures.
violations art in fact homeret by the Purchaser. Theretofore for good cause and as consideration for executing this
Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipment must be F.C.H. City of Pon Collins, 700 Wood St., Fort Collins, CO 80522. unless
acquired under faleml or state anthreat laws for such ovrrchargu relating to the particular goods or services
Otherwise specified an this order. Dpermission is given as prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser parsuant as this purchase order.
bill must accompany invoice. Additional charges for packing will not be sampled.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacNrers have bargaining paimts in saiom parts of the country, shipment is
If the Pumhssa direct the Seller to carted nonconforming or defective goods by a date to be agreed upon by be
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
Purchaser and the Sella, and the Seller thereafter indicates its irebility or unwillingness to comply, the Purchaser
shipments arc made from greater distance.
may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay call
wan associated with such weak.
Permits. Seller shall now, 0 at sellers sole cost all necessary permits, certifirm. and liras rsquired by all
applicable laws, regulations, minarets and into of the Vale, anunldpdil, m utory or political subdivision where
The Seller shall release the Purchaser and its contractors of any tier Form all liability, and claims of any nature
the work is performed, or required by any other duly constituted public authority havingjurisdinion over the work
resulting from the pammanm ofsuch work.
of vendor. Sella fuller agrees an hold the City of For Collins harmless man and against all liability and loss
recurred by them by mown of an assured or established violation of any such laws, regulations, ordinances, roles
This ¢lease shall apply even in the, event of fault of negligence of the party releattd and shall extend to the
and re<ryinment.
directors, officers and employees of such Pent.
Authorization. An parties to this contract agree that the representatives are, in fact, bona fide and possess fall and
complete authority to bind said Father.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporuted herein by
reference. Any additional or different terms and conditions proposed by seller we objected to and hereby rejcerN.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyoo cannot make complete shipment o arrive am your
premised delivery date as noted. Time is of the essace. Delivery and performance must be effected within the time
total on the purchase order and be document attached harem. No acts of the Purchasers including, without
limitation, acceptance of p ardid late deliveries, shall apemte re a waiver of this provision. In the even of any delay,
the Purchaser shall hove, in addition to other legal and equitable remedies, the option ofpincing this Order elsewhere
and holding me Seller liable I'or damages. However, the Seller shall not be liable for damages as a result of delays
due 1r causes not mmumnbly peaceable which art beyond its reasonable control and without it fault of negligence,
such acts of God, act ofeivil or military authorities, govcmmanml priomies, foes, strikes, flood, epidemica, wars or
Hats provided that notice of the conditions carving such delay is given to be Purchaser within five (5) days of the
time when the Sella fast tacived knowledge thamf. In the ,at of any such delay, the date of delivery shall be
extended for tbe period equal to be time aurally lost by sawn of be delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for be purposes intended, and
Performed with the highest degree of care and competence in accordance with acceptal standard for work of a
similar nature. The Seller agrees to bold the purchaser harmless from any loss, damage or expense which the
Purchases easy suffer or incur on, account of tbe Sellars breach of wmmnty. The Sella shall mplme, repair or make
good, without cost to late purchaser, any defect or fault arising within one (1) year or within such longer'mod of
time m may be powerbal by law or by tbe an. of any applicable wamnry provided by the Sella aRer the fide of
comptmre of the goods fumishal hereunder (acceptance not to be unreasonably delayed), resulting f imparfecd
or defective work done or materials famished by the Seller. Acceptance or ore of goods by be Purchase shall not
onstimts a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, me Sellers
liability hereunder shall extend to all damages proximately carded by the breach of any of the foregoing waeantice
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 Purchaser may make changes as legal terms by wriume change order.
5. CHANGES IN COMMERCIAL TERMS.
The Franchiser may make any changes to the more. other than legal terms, including additions to or deletions from
the quantities originally ordered in be specifications or drawings, by verbal or written change order. If any such
change crown, the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMENATIONS.
The purchaser may at my time by woman change order. terminate this agreement as to any or ail poniore of the
goods then out shipped, subject to my intuitable djmtment berween the pit as to any work or materials then in
process provided that the Purchower shall net be liable (m any claims for anticipated profs on the uncompleted
Portion of me good mrVor work, for iocidmol or mnscquential damages, anal that coo such ndjnstioml be made in
favor argue Seller with respect many goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the SEIa army oftheir obligations as to any good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days firm the date the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Sella warrant that all good said hereunder shall have been produced, cold, delivered and famished in series
compliance with all applicable laws all regulations to which the goods are subject The Seller shall exemte and
deliver such daumens as may be raptured to eRect or evidence compliance. All laws and regulations radircd to be
inconporated in agreement of this character are hereby incorporated herein by this rcfemmm The Seller agrees to
indemnify and hold the Parchmer harmless from ell costs and damages suffmcd by me Purchnscr as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, uansfer, or convey this order, or any monies due or to become due hereunder without tbe
Pd., woman consent of me otber parry.
10. TITLE.
The Sella, wamnfa full, clear and unrarricrd title to the Purchaser for all equipment, examords, and itemsRamified
in performance of this agreement Jim and cleat of any and all liens, restrictions, reservations, sanity interest
encumbrances and claims of others.
The Sellers contractual obligations, including warranty, shall not be deayed m 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 any design, device, material or process covered by letter, patent trademark
as copyright, he Seller shall indemnify and save harmless the Norh rou fmm any and ell claims far infingemmt
by reason of the use of such Formed design, deice, matdal or process in connection with the contract, and
shall indemnify be Purchaser for any cost, expense or damage which it maybe obliged to Easy by reason ofsuch
infringement fit any time doing the .,am or after the cmr,hum. of the work. In case said npdpmenL or
ary pat thereof or the intended use of the goods, is in such suit held m rectitude infringement end the use of
said equipment or pm is enjoined, the Seller shall, at it own expense and at its option, either procure for be
Purchaser the right to commit, using said equipment or parts, replace the same with substantially al but
doninrridging equipment, ar modify it so it becomes naninMnging.
15. INSOLVENCY.
if be Sella shall became insolvent or bankrupt, make an assignment for the benefit of coedlmrs, appoint a
receiver or trusts for my of be Sellers property, or business, this order may forthwith be maceled by be
Puchaser without liability.
16. GOVERNING LAW.
The defunitios, of toms used or the interpretation of the agreemem and me rights of all panim hereunder shall be
consfued under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is in perform work hereunder,
including the services of Sellers Reprawnative(s), on the premiaes afothe¢
17. SELLERS RESPONSIBILITY.
The Seller shall eamy m said work an Seller's own risk until be mine is fully completed and mreptel, and shall,
in case of any accident, destruction or injury to the work andor materials before Sellers final completion read
acceptance, complete the work at Seller's own expense and to the actisfaction of the Purchaser. When mateie6
and equipment are furnished by others for installation or action by the Seller, be Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being famished "a Seller under be order.
18. INSURANCE.
The Sella shall, ed his own expense, provide for be payment of workers compensation, including occupational
disease bereft, to it employees employed on or in rowection with the work coveral by this purchase order,
andi to their dependant in accordance with the laws of be sole in which be work as m be done. The Seller
shall ulw carry comprehensive gancml liability including, but not limited to, contractual and auromobile public
liability insurance with bandy injury and death limit of at least $300,000 for any one Person, $500,000 for any
accident and property damage limit per accident of $400,000. The Seller shall likewise mqune his
contractors, if any, to provide for such compensation and in e. Before any of the Sellers or his contractors
employees shall do any work upon be premises of others, the Scllcr shall famish be Purchaser with a certificate
met such recrimination and insurance have been provided. Such caufestes shall specify the dam when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and immmmme expires. The Seller agrees that such cumpaaudion and commence shall be maintained until ma be
entire work u complaint and mceptd.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire rtamicaibility, and liability for any and all damage, loss or injury ofmy kind
or nature whatsoever to persons or property caused by or resulting fmm the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages,
charges or expiration, whether direct or indirect, and whether to Panama or progeny to which the Purchaser may
be put or subject by eased of my act action, deglat, omission or defeull on the ram of the Sella, my or his
conerearow m any of be Sellers or conmctors officers, agmt or employes In case my and or other
proceedings shall be brought against the Purchaser, or is officers, agent in employees as my time an account m
by reason of my act, action, neglect, omission or default of be Seller of my of his contractors cr any of it or
their oMe,., agars or employees as aforesaid, the Seller hereby agrees m assume the defame thereof all to
defend the same at the Sellers own expense, to pay any and all cost, charges, attorneys fees and other expenses,
my and ill judgment that may be incurred by or obtained against the Proximate or any of its or theh officers,
agents or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or
Obtained against he property of the Purchaser, or said probes in or as a result of such suit or other proceedings,
the Sella will at once cause be came to be disselval ad dischargal by giving bond or otherwise. The Seller and
his commoner shall coke all safely poecautions, famish and instill OR guard necessary for tbe prevention of
accidents, comply with all laws and napalm. with regard to safety including, but acidified lire ation, the
OnaaWtioml Safety all Health Act of 1970 and all roles and regulations issued pursuant thcrao.
Revised 092014