Loading...
HomeMy WebLinkAbout543224 TOUCHSTONE HEALTH PARTNERS - PURCHASE ORDER - 9146723 (2)PO PURCHASE ORDER 914672er Page r�.'Ity of PURCHASE 46723 1 of s `t Collins/ This number must appear ` v " on all invoices, packing slips and labels. Date: 01/23/2015 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 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price 6 FY14 CDDT Program 1 LOT EA ADDED PER W.BRICHER EMAIL DATED 1/23/15 2:07 PM. -ECB 7 FY14 CDDT Program 1 LOT EA ADDED PER W.BRICHER EMAIL DATED 1/23/15 2:07 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 2,899.36 23,167.09 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Temis and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-01503. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist .,an atnet performance of the terns and conditions hereof, failure or delay t. Internal Revenue, Denver, Colorado (Ref. Colorado RaTard Minutes 1973, Chapter 39-26, 1 [4 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall at release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet sp rificatiom, either who. shipped or due to defects of any of the wairanlice or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rentmed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its Tights or remedies as to any such goads, regardless inumalionu from the City of Fon Collins. of whm shipped, received or accepted, as to any prior or subsequent default Immunder, nor shall any functional and modification or rescission of this purchase order by the Puahaur operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collie inspection on arrival, hereof. Final Acceptance. Rxcipt of the merchandise, services or equipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fiat Collins. However, it is to be understood thatFINAL Seller and the Puehaur recognize that in actual economic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations art in fat home by the Purchaser. Theretofore fogood cause wit m consideration for executing this purchzu order, the Seller hereby maiSns To the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 900 Wood St., Fort Collins, CO 80522, unless acquired under federml or ante antitrust laws for such overcharges relating an the particular goods a services otherwise specified on this order. If permission is given to Israeli, freight and charge separately, be arigiaal freight purchased or acquired by the Pon chmer pursuant to this purchase order. bill must accompany, invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various Ares of the country, shipment u If be Purchaser directs the Seller to correct nonconforming or defective goods by a date to far agreed upon by the expected rat the nearest distribution point to destlmtion, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability in unwillingness to comply, the Purehmer shipments are made fmm greater diimmov. may cause the work to be Performed by the most expeditious meant available to it, and the Seller shall pay all osts associated with such work. Permits. Sella stall procure at sellers sale cost all mcessary permits, cenificwt and licenser required by all applicable laws, regulations, ordinances and roles of The state, municipality, motion, or political subdivision where The work is performed, or required by any other duly constituted public authority having jurisdiction over be work of vendor. Seller Rimer agrees m bold The City of Fort Collins M.I. fiom and against all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and mluirements. Authmmunion. All Aria to This control agree that be repreaenUtives are, in fact, boas fide and possess full anal complete authority to bind said panic. LIMITATION OF TERMS. This farchnse Order expressly Imam accept.. to tbe emu and condili.ns sure& herein set fonh and any supplementary or additional toms and conditions mmcxW hard or incorporated bertin by refrence. Any additional or different terms and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your Promised delivery dam as noted. Time is of the essence. Delivery and peRannance mast be effemed within the titer stared on the pumhaae order and be documents asschM heree. No acts of the Purchasers including without limitmion, araptunce of partial late deliveries, shall operate m a waiver affix provision. In the event of any delay, the Purchaser shall have, in addition an other legal and equitable remedies the option oFpl.ci., this coda elsewhere, and holding The Seller liable for damages. However, be Sella shall not be liable for damages as a result of &days due to causes not reasonably foreseeable which are beyond its reasonable control and witbour its fault ofnogligenoe, such acts of God, acts ofeivil or military authorities, goc..l imaitia, fares, slacken, flood, ryidnd., wars or cots provided Had polio of be conditions causing such delay is given to the Pwcbun within five (5) days of the time when be Sella first received knowledge therm[ In be went of any such delay, the date of delivery shall be extended for be period equal to the Ease amadly ton by reason ofthe delay. 3. WARRANTY. The Seller warrants That all goods, anicla, materials and work coverts by This other will con( with applicable drawings, specifications, samples wdtor Ober descriptions given, will be fit fat the Purposes intended. and performed with me highest degree of care tad cou a corn in accordance with acemred standards far wank of a mauls, nature. The Sella agrees to hold the purchaser handless firm any loss, damage or rxpcme which tbe Purchaser may suffi or man. acomt of the Sellers mamb of wamnty. The Sella shall replace, repair a make good, without cost to be purchaser, any defeers or faults arising within one (1) year or within such longer period of time as may be pmordie ! by law or by the team of my applicable warranty provided by the Sella afa The data of acceptance of be goods fmished hereunder (acceptame not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials fiumished by be Seller. Acceptance or use of goods by the Purchaser shall not mmtintte a waiver of any claim order Nis warranty. Except To otherwise provided in This purchase order, be Sellers liability hereunder shall extend to all damages proximately eamal by the breach of any of the foregoing werrcatia or guarantees, but such liability shall in no event include loss ofpmfis art loss of tau. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal temp by wnam change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to Ne tams, other Earn legal tams, including additions to or deletions rat the quantities originally odemd in the spccifiati0s, a drawings, by vabal or —a- change order. If any such change officers the amount due or be time of performance haeunden, an equitable adjustment shall be made. 6.TERNDATI0NS. The Purchaser may at any time by written change ceder, terminate Nis agreement as to any or all portions or Eve good Then at shipped, mijal to any equitable sdjustural berm ert the ponies as to any work err materials then in progress provided That the Purchaser shall not be liable for my claims for anticipated proves on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of The Seller with aspect to any goods which ere the Sellers standard stock. No such termination shall relieve the Purchaser or The Seller of any oftheir obligations as to my good delivered hertwda. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within Miry (30) days from the dam the change in L mnination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Nat all goods sold hereunder shall have ban produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be required an effect or evidence wmpliance. All laws and regulations required To be incorpormm l in agreements of This character arc hereby incorporated herein by This reference. The Seller agrees to indemnify and hold The Purchaser harmless from all costs and damages suffered by The Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall resign, transfer, or convey This order, or any monies due or to become due heeunda without he prior wnnen consent of The ether party. 10. TITLE. The Sella warrants bill, clear and unrestricted title to the Purchase, for all equipment. materiala, and it. famished in performance of this agreement, free and den of my and all liens, sbicti.m, reservations, security interest re encumbrances and claims of others. The Sella shall release the Purchaser and its contractors of any tier fmm all liability and claims of any mere resulting firm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the pmy released and shall extend a the dirators, officers and employees ofanch party. The Sellcls contractual obligations, including watranry, shall not be deemed to be reduced, in any way, because such work is afomaed or ..do. be prfctmed by the Purchaser. W4 PATENTS. Whenever the Sella is required to use any design, device, material or process coveted by letter, patent, o-ademark r copyright, the Sena shall indemnify and save harmless the Pare lam, from any and all claims for infirm ye Tit by reason of the use of such pleaded design, device, material or process in connection with be contract, and shall indemnify the Pumhnser for any cost, expense or damage which it maybe obliged to pay by reason of such infringement at any time during the Prosecution or aBer Ete completion of the work. In ease said equipment, or any pan thereof or the intended use of the goods, is in such suit held to consume infringement and be we of said equipment or pan u enjoined, be Seller shall, at its own expense and at its option, caber procure for me Purchaser the Tight to continue using said equipment or pans, replace me same with substantially Waal bur rcminfrineing equipment, art modify it sec it becoma naadnfringivg. 15. INSOLVENCY. If the Sella shall became insolvent a bedkeupt make an resigmnent for the benefit of contract, appoint a receive, or testa for any of the Sellers progeny m basircss, this order may fodwih IS, mnacelyd by the Purchaser without liability. 16. GOVERNING LAW. The definitions for. used or the imerprctmian afthe sgns., and the rights of all pars hereunder stall be comwed coda and governed by the laws ofthe Sus, ofCalmod., USA. The following Additional Conditions apply only in cases where tbe Sella is to perform work hereuMa, including The savica of5ellers Rcprrxcnative(s), on the Woman ormi ens IT. SELLERS RESPONSIBILITY. The Seller shall miry on said work at Sella's own risk until The same is fully cumplaed and aapned. and stall, in see of any accident, destruction or injury to be work anchor matmals begirt Seller's f 1 compleion aad ace ., complete be walk at Seller's awn expense and a the satisfaction of The Purchaser. When materials and equipment art fumisbM by others for installation or inaction by the Sella, be Seller shall receive, un[md. store and handle same at the site and become raponsible therefor as through such materials and/or equipment were being famished by the Sella anda be orda. 18. INSURANCE. The Sailer shall, in his own expense, provide for the payment of workers compecom on, including occupational disease benefits, to its employees employed on or in comecton with be work covered by This purchase order. editor to their deperdents in accordance with be laws of the state in which the work is To be done. The Sella shall also carry comprehensive ga cral liability including. but Out limlled a, communist and autodmbile public liability insurance with bodily injury road drab [,aria of at least $300,00o for any one person, SSug000 fat any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require has commcmrs, if any, to provide for such compensation and insurance. Before any Of the Sellers or his mntracars employees shall do any work upon be promises of others, the Seller shell famish the Purchaser with a certificate That such compensation and immance have been provided. Such conifmtes shall specify be date when such compenation and insurance have been provided. Such certificates shall sped ft the date when such mmpemation and insurance expires. The Seller agrees Thal such mmVensalion and imarmue sEdI be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assuma the rnlaw raponsibility will liability for any and all damage lass art injury of any kind or nature whatsoever to persons or property caused by or resulting rat the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold handless be Purchaser and any r all of be Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or musical. and whether an Fusion or property to which The Purehssa may be put or subject by reason of any act, action, neither, omission or default on the pan of the Seller, any offers contractors, or any of The Sellers or contractors officers, agents or employces. In case any suit or other proceedings shall be brought against be Purchaser, or its officers, agents or employees in any Time on aw"? or by reason of any set, action, neglaL omission or default of be Sella of any of his contractors or any of its or their officers, agents or employees ns aforesaid, The Sella hereby agrees to assume The defense thereof and to defend The same at the Sellers own expense, to pay my and all cans, charges, attorneys fees and other ex emou,, any and all judgments that maybe 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 Ober lira be placed upon or obtained against the property of the Pantheism, or said Lumber in or m a result of such suits or other proceedings, be Sella will at once cause be same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall Take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Halth Act of 1970 and all roles and regulatiom issued pursuanr beret.. Revised 07R014