HomeMy WebLinkAbout543224 TOUCHSTONE HEALTH PARTNERS - PURCHASE ORDER - 9146724 (3)PO
PURCHASE ORDER 914672er Page
rClty of PURCHASE
46724 7 of z
' `t Collins/ hisnumber must appear
` v �7 on all invoices, packing
sli s 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
7 FY14 Mental Health Svcs Murphy 1 LOT
Center as contracted on 091414
ADDED PER W.BRICHER EMAIL DATED 1/23/15 2:07 PM. -ECB
EA
2,806.45
s FY14 Mental Health Svcs Murphy 1 LOT EA 11,123.31
Center as contracted on 091414
ADDED PER W.BRICHER EMAIL DATED 1/23/15 2:07 PM. -ECB
Total
Pay terms net 30 days
Invoice Address:
13.929.76
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
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580
Fort Collins, CO 80522-0580
lions Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from stare and local lazes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is regismed with the Collector of
Failure of the Purchaser to insist upon saner performance of the a. .it conditions haw[ failure or delay to
Interval Revenue, Drover, Colorado (Ref. Colorado Revised Samlas 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 of a
breach, the acceptance of or payment for goads hereunder or approval of the design, anal not mbnes, the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of me wamnties or obligations of this pmchast order and shall not be deemed a waiver of any right of the
damage in hansit, may be returned to you for credit and am not to be replaced except upon receipt of con con
purchaser to main upon strict performane, homwer any of its rights or remedies as b any such goods, regardless
instructions from the City affect Collins.
of when shipped, received or accepted, as to any prior or subwqumt default hereunder, nor shall any purported
mad nwdircation or rescission of this purchase order by the Purchaser operate u a waiver of any of the inner
Inspection GOODS are subject to the City of Fort Collins inspection on mrival.
benoL
Final Accepwme. Receipt of the merchandise, services or affiliating in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized paymml on the Pan of the City of Fan Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize chat in acianl economic practice, overcharge, resulting from antirut
M ACCEPTANCEis dapernmo tuponmpletionf re all applicable quiredimpection procedures.
violations are fir fact Form by the Puchsxwr. Theremfore, fogood czux and as consideration for executing net
Purchase order, the Seller hereby assigns to Ore Parcbuer any and ell claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of Fan Colin, 701) Wood St., For Collins, CO 90522, unless
six, iral under federal or stare antitrust laws for such merchant relating to the particular goods or services;
otherwise specified on this .,tire If permission is given to prepay freight all change separately, the original freight
purchased or acquired by the Purtbeser pursumt to this purchase order.
bill must accompany invoice. Additional charges for packing will not Ix anceped.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing Points in variott pans of the country, shipment is
Ifthe Purchaser directs the Seller to mare, amwforming or defective goods by elate to be, agreed upon by the
expected fmm the nearer, distribution point to destiatim, and excess freight will M dMucred from Invoice when
Purchases and the Seller, all the Seller thereafter indca,a its inability on unwillingness to comply, the Purchaser
shipments are made fmm gnmm ch amre.
may nose the weak to be performed by the most expeditious means available to it, and the Sella shall pay all
reacts aas.dated with such wmnk.
Permits. Seller shall procure at sellers sole cost all necessary peemits, cenifestes aed limmes required by ell
applicable lases, regulations, mfi iwnces and roles ofthe war, municipality, memory or political subdivision where
The Seller shall release the Purchaser and its ro ... of any tie from all liability and claims of any amre
the work is performed, or original by any other duly vocational l public authority having jurisdiction ovar the won
resulting from the pedomamn ofmch work.
of vendor. Seller fuller agrees to hold the City of Fort Collins hornless from and against all liability and loss
mcured by them by reawn of An assured or established violation of my such laws. regulations, substances, roles
This release shall apply men in the event of fault of negligence of hie parry mlewed and shall extend to the
and intuitionism.
direcmrs, officers and employees ofsuch party.
Authorization. All panics he this contract agree shut the reprtsmtatives art, in fact, was Into and possess full all
complete amhodry to bind said panim.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the W. and condltians sated
herein set font and any supplementary at additional lawn and mnditimia annexed hereto or incarpamted herein by
reference. Any additional or different tomes and conditions proposed by seller art objected to and hereby rejmted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make con,flour shipment to move on your
promised delivery date as poled. Time is of the essence. Delivery and perfomrance miss, M etTe,ed within the time
slated on the purchase order, and the documents otmchert hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event crony delay,
the Purchaser shall have, in addition to .,he, legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due m causes at reasonably foreseeable which are beyond in ramomble come.[ and without its fuel, of.,ligence.
such arts ofGod, re is.fci,il art military authorities, governmental priorities, Gres, strikes, flood, epidemics, wars or
hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller rest received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal 10 the time annually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples wiper other dewripions given, will be fit for the purposes intended, and
performed with me highest degree of care and competence in accordance with accepted sardards for work of a
similar nature. The Seller agrees to hold the purchaser hnmJess from any Imo, damage or expense which the
Purchaser may sutler Or incur on account of the Sellers breach of warranty. The Sella, shall replace, repair art make
good, without cost n the purchaser, any defects or faults arising within one (1) year or within such longer period of
time ors may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder weepance not a be unmasoably delayed), resulting from imposma
or defective work done or nationals Consisted by the Seller. Acceptance or use of goods by the Purchaser shill not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this pnchaw order, the Sellers
liability hereunder shall extend to all damages proximately caused by she breach of any of the foregoing onfi anties
of guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Puehaser may make changes to legal rent by ..an change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal from, including additions to or deletion from
the quantities originally agreed in the specification art dmwiag5, by verbal or writurn change order. If any such
change.17fieets the amount due in the care orperformance Foreswear, as rqunable adjuument shall be made.
6. TERMINATIONS.
The Parchment may at any time by crimes change order, terminate this egrtemem m to any in all Pomion, of Om
goods then nor shipped, subject to any equnable adjuwmem Norman the un irs,.s m any work or ma¢riah then in
progress Provided that the Purchaser shall not be liable for any claims far anticipated pmfit an the uucomplaed
portion of the goads andor work, for mainland or comequentul dmoga, and then. such mijaunm, be made in
favor of Ore Sella with respect o any goad which are, the Sellers standard work. No such nomination shall relieve
the Purview, or the Sella army of their obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
A, claim for adjhat fir anI fir nsl be asserted within Nirry, (30) days fmm the Jae the change or nomination is
ordered.
I. COMPLIANCE WITH LAW.
The Seller wwmnni tha, all gaud sold hereunder, stall have been produced, sold, delivered and famished in sme,
compliance with all applicable laws all regulations to which the good are subject. The Sella shall execute and
deliver such dacthmms ns may be resluiM to effect or evidence compliance. All laws and regulations retained n ha
mooryomted in agreements of this character are hereby intertwined herein by this reference. The Sella a®ees an
indemnify and hold the Purchaser hvmlow from all costs anal damages suffered by the Purchaser as a mull of the
Sellers failure to comply with such law,
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or sly monies due or to become due hereunder without the
Prior written comer[ of the other party.
10. TITLE.
The Seller warrants full, clear end unrestneted title a the Processor for all equipment, marenals, and items finished
in performance of this agreement, free and clew of any and all liens, resbictioa, reservations, saunry interest
encem rramom and claims mCnI en.
The Sellers contractual obligations, including warany, shall not be domed to be malwa in any way became
such work is performed or mused to be performed by the Purchases.
14, PATENTS.
Whenever the Seller is recurred to use vary design, device, normal or process covered by knee, Final, trademark
or copyright the Serer shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such Patented design, device, matmal at process in connection with the contract, and
shall irWaruufy the Purchaser for any coal, expense or damage which it may be obliged to pay by neason of such
infringement at any time daring the p vesmution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute Infr'ngemem and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either promo for the
Purchaer the right to continue using said etuipment or parts, replace the Name with substantially equal but
noninGnging equipment, or modify it so it becomes noninfnging.
15. INSOLVENCY.
If the Seller shall become insolent or bankrupt, make an assignment for the benefit of creditors, appoint a
receive, in costae for any of the Sellers property or business, this order may Corthwilh be nnceled by the
Purchaser, without liability.
16. GOVERNING LAW.
The definitions ofterms used or the interpretation of the agreement and the rights of all parties hereunder shall be
.-.oil under and governed by the laws of the Sate oFC.lmodo, USA.
The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder,
including hie services of Sellers Reprewnutive(s), on One premises of mhcrs.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry, oa said work art Seller's awn risk until the came is fully complaed and accepted, end shall,
in se of any accident, destruction or injury to the work and/or nationals before Seller's final completion and
acceptation, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When armmals
anJ assignment are famished by others for installation or emotion by the Seller, the Seller shall receive, unload,
store and handle same at the site and became responsible therefor as though such materials -hie, egopmen,
were being f -shed by the Seller under the order.
I B. INSURANCE.
The Seller shall, at his awn expense, provide for the Payment of workers compensation, including occaputioal
disease benefits, to its employees employed on or in connection with the work covered by this purchase order.
maker to their dependms in accordance with the laws of the sure in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited m, cammctual and automobile public
liability insurance with bodily injury all death limits of at leas, S30KLa)0 for any one person, $500,00(1 for any
one window and property damage limit per accident of 5400,000. The Seller shall likewise require his
contractors, if any, to provide for such comperhsation all insurance. Before any of the Sellers at his contractors
employees shall do any work upon the premises of orders, to Seller shall fumish the Purchaser wit a mentiican
that surh compeasation all insurance have been provided Such anific tes shall specify the date when such
cnnpensutim and insurance have been provided Such cenifintas shall specify the date when such compensation
all announce expires. The Sella agree that such compere Lion and insurance shall be maintained until after the
entire work is completed and wastrel
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes me entire respmssibility+nit liability fro any and all damage, loss art injury army kind
or tire whstscever to persons or property mmcd by or resulting from the mention of the work Provided fro in
ratio retire
parehase order or in cower in. herewith. no Sauer will indemnify ell held Iammlens the Pnchaser it any
or all of the Puretwom offieers, agent and employees Gum and again, any and all claims, fosse , damages,
charges or expenses, whether dire, or iadicet, and whether to person or properly an which the Purchaser may
h or an subject by rear of any act, ection, regle,, omission or default on the Pan of the Sella, any of his
contractors, or any of the Sellers or mnhxmrs ofcars, egrets or employees. In caw any suit or other
proceedings shall ha brought against the Purchaser, or an officers, agents or employees at any time on account in
by reason of any act, sum, reflect, omission or default of Or Seller of any of his contractors or any of is or
their officers, agents an employees m aforesaid, the Sella hereby agrees to assume the defcwe thereof and to
defend the same at the Sellers Own expense, to pay any ell all cogs, charges, atmmoys fees and other expensest,
any and all judgment that may be incurred by or obtained against the Porchawr many of its or their effects.
agents or employees in such suits in other proceedings, and in case judgment or other lion he placed upon or
obained against me property office Purchase, or said parries in or as a mull of such suits or other proceedings,
the Seller will at ogre cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall eke all safety pacer utiuns, famish and mall all guard customary for the prevention of
iccidents, comply aim all laws and regulations wire regard to safety including, but without limitation, the
Occupational Safety and Hnith A. of 1970 and all rules and io ulmlors issued pursuant memo.
Revised 07n014