HomeMy WebLinkAbout461367 WORKWELL OCCUPATIONAL MEDICINE - PURCHASE ORDER - 9150668PO
PURCHASE ORDER 915066er Page
City. of50668 t of
' `tCollins( This number must appear
V " on all invoices, packing
sli s and labels.
Date: 01/29/2015
Vendor: 461367
WORKWELL OCCUPATIONAL MEDICINE
275 S MAIN ST SUITE 201
LONGMONT CO 80501
Ship To: RISK MANAGEMENT DIVISION
CITY OF FORT COLLINS
215 N MASON, 2ND FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 01/29/2015 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
1 Drug & Alcohol Testing .
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
Total
Pay terms net 30 days
Invoice Address:
10,000.00
:rP]
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemption. By suture the City of Tom Collins is exempt from state and local lazes. Our Exemption Number is
11. NON WAIVER.
98-04502. Federal Excise Tax Exemption CMificam of Registry 84-6000587 6 registered with the Collector of
Failure of the Purchase, to i-is, upon snit, performance of the terms end conditions here.[ failure or delay to
Internal Revenue, Dcmcq Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26.114 (a).
...mine any ,his no remedies provided herein or by law, failure to manspoly rorify the Seller in the event of is
breach, the areepturce arm WYmem fen goods hereuMef or approval of the design, shall not ork. the Seller of
Goods Rejected. GOODS REJECTED due to failure,. meet specifications, either when shipped or due to defects of
any of the warmatin or obligations of Nis purchase order and shall trot be deemed a waiver of my right of the
damage in transit, may be remained to you for credit and we not in be replaced except upon receipt of written
pardoner to insist upon strict performance lour for any of its rights or remedies as to any such good, regardless
instructions from the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported
am] modification or rescission of this purchase order by the Purchase operate as a waiver of any of the terns
Impeclimn. GOODS are subject to the City of Fort Collins inspection on arrival,
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in sespaae to this order can result =
U. ASSIGNMENT OFANTITRUSTCL tIMS.
authorized payment on the Pont of the City of Fort Collins. However, it is to be materstooJ that FINAL
Seller and the Purchaser recagnixe that in octal ecommafc practice, overcharges; resulting from antitrust
ACCEPTANCE is dependent upon mropldion of all it iable required inspection procedures.
violations art in fact bons, by the Purchaser. Thcrnofow, for good muse and as comideration for executing this
purchase calm, the Seller hereby resigns to the Purchaser any and ell claims it may now have or hereafter
Freight Terms. Shipments most be F.O.D., City of Fort Collins, 700 Wood St, Fan Collins, CO 80522, unless
acquired under federal or slide antitrust laws for such overcharges relating to the Particular goads or services
otherwise specified on This order. if pernsissicn is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaserpormanuo this purchase order.
bill must accompany invoice. Additional charges Intruding will not be accepred.
U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing po=m in carious pros the country, shipment is
If the Purchase rm e no of defective goods by a date to co agreed upon by the
Point re
the distribution noun ,o dafiarion, and excess freight will M deducted fmm Invoice when
expected form the
)sends
a ddltt
indicates its inability m unwillingness to complye the Purchaser
the er indicates
and the Seller,and the Sellery
firm rd.
shipments aR nude from greater duanee.
mayParchanda,
may rouse the work b be performed by the mast expedition mean mwilable b i,, and Ore Seller shall pay all
cams work 0, most
rats msociared with such work.
Seller shall promre sellers sole cost all permits, c. and licenses required by all
m damry
sate, municipality, tenibry or political subdivision where
nil nen Mary
applicable laws, regulations, ordinances and idles
applicable
The Seller shall release the Purchase, and its contractors of any tier Boom all liability end claims of any sore
constitutedphaproan,frm having jurisdiction over the work
the is Serf,rated,rrequired b duly co
resulting hour the performance ofsuch work.
old the City of Fort Callum harmless from and against all liability and loss
vendor. Seller further agrees m hold the City
them by reason of an assured or established violation of my such tows, regulation, ordinance, riles
in li
This shill apply even in the wren, of foul, of negligence of the party released and shall extend b Jm
and reluirernena.
it "at
nth, if
directors, .Ricers and employees of such party.
Authorization. All panics to this contract agree Jut the representatives are, in fact, bona fide and possess full and
The Sellers contractual obligations, including warranty, shall not 4 deemed to be reduced, in any way, became
complete authority m bind said parties.
such work is performed or caused to be performed by the Purchaser.
IJMITA'I ION OF TERMS. This Purchase Did,, expressly limits acceptance to the terms and conditions sated
herein set forth and any supplementary or additional muss and conditions annexed hereto or unimpaired) herein by
reference. Any additional or different erms and conditions proposed by seller am abjcvwd to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immedintely ifyou ..or make mmplctc shipment o arrive on yam
promised delivery date as noted. Time is of the essence. Delivery and Performance must be effected within the time
sated on the purchase order end the documents moched hereto. No acts of the Purchasers including, without
limitation, aeciplance of partial late deliveries, shall operate as a waiver of this provision In the event of any delay,
the Purchase, shill have, in addition to .,her legal and equitable remedies, the option of,locing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not to liable for damages as a result of delays
due m rouses not reasonably foreseeable which are beyond its reasonable commi and without its fault of negligence,
such acts official, acts ofeivil or military amhoriria, g.vemmrnml priorities, fires. strikes, paid. epidemica, wars or
riots provided that notice of the condition musing such delay is given to the purchaser within five (5) days of the
time when the Seller first received knowledge Unrest In the went of any such delay, the date of delivery shall be
extended faiths, period equal to the lime ucically lost by mason of the delay.
3. WARRANTY.
The Seller warrants that all good, strides, mmm tis and work covered by this order will conform with applicable
drawings, specifications, samples mrpm other desmpti.m given, will be fit for the purposes intended, and
pert nd with she highest degree of rare and competence in acmalance with accepted standards for work of a
unilar alum. The Seller agrees to hold the puchwar harmless fmm my loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repait or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the moms of my applicable warmmy provided by the Seller site, the dam of
acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials ftunished by the Seller. Acceptance or use of good by the Purchaser shall not
consulate a waiver of any claim under this wanunry. Except its otherwise provided in this purchase order, the Sellers
Liability hereunder shall extend to all damages proximately cooed by the bench of my of the foregoing warranties
or guarantees, but such liability shall in no event =dude lass 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 cony make changes to legal ram¢ by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The P-c aser may make any changes to ale across, other than legal temu, iwbding additions to or deletions fmm
the quantities originally ordered in the spmifiwtiom or drawings, by ventral or written change mde,. If any such
change aRects the amount due or the time of performv:ce hemunder, an equitable adjustment shall he made.
6, TERMINATIONS.
The Purchaser may at my time by written change order, mmninate, this agreement in to any m all portions of the
good then not shipped, subject to any muiable adjustment between the parties n to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
porfion of the good and/or work, for in dideaal or conseformd damages, and that no such edjus assin be made in
favor of the Seller with respecuo any good which are the Sellers saadaal stack. No such termination shall relieve
the Purchaser or the Seller of any of their obligations n 1. any good delivered hereunder,
9. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assured within thirty (30) days from the dam the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller woma ens that all goods sold heemder shall have been produced, said. delivered and famished in sand
compliance with all applicable laws and regulation to which the goods art subject The Seller shall exceme and
deliver such documents as may be required to rflict or widence compliance. All laws and regulations required to be
ncop.rated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
Indemnify and hold the Purchaser hnsmins from all costs and that suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order or my monies due or m become due hereunder without the
Prior written consent of the other party.
10, TITLE.
The Seller warrants full, clear and unreericled title to the purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clear of my end all liens, marrictions, reservation, security interior
eocumbrzmn and claims of others.
14, PATENTS.
Whenever the Seller is required to use my design, device, material or process coverts by letter, patent, trademark
r copyright. the Seller shall indemnify and save harrmless the Purchaser from any and all claims for infringement
by rec on of the use of such patented design, device, maurid ar process in coneecton with the contract, and
shall indemnify the Purchase, for any cast expense or damage which it may be obligW to pay by reason of such
infringement at my time during the possession or aver the completion of the work. In case mid equipment, or
any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, al its own expense and at its option, either procure far the
Purchaser the right to continue using said equipment or pans, replace ate same with subtaituily equal but
noninfringing equipment, or modify it so it becomes m ninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or badmpt make an assignment fen the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Pufhaser without liability.
16, GOVERNING LAW.
The definition of It. used or the immEnt ation of the agreemen, and the rights of of panics hereunder shall be
combined under and governed by ale laws ofthe Sum of Colorado, USA.
The following Additional Condition apply only in taus where the Seller is In pearlorm work hereunder,
including the services of Sellers Representative(,), on ale premises ofothens.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the come is fully completed and accepted, and shall,
in of any incident, destruction or injury m the work ardor materials before Sellers fal completion and
acceptance, complete the work at Sellers own expense and to Use satisfaction of the Purchaser. When materials
ab equipment am famished by orders for installation or nectiev by line Seller, the Seller shall receive, tWad,
stare urn handle same at the site and become rap.mible therefor m though such mmerials andNor equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his awn expense, provide for the payment of workes compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase aide,
and/or b their dependents in acmrddred with the laws of the sum in which the work is to be done. The Seller
shall ale carry romprebemive general liability including, but not limited so, contrncbd and amonwbile public
liability insurance with bodily injury and death limits arm least $300," for my me person, S500,000 for my
accident and PexPmy damage limit per accident of S400,000. The Seller shall likewise raydre his
contractors, if any, to provide l'or such compensation and insurance. Before my of the Sellers or his contractors
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 date when such
ompensation and immure have been provided. Such cenifiectes shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be nounained until ape the
maim work u completed and aecpted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibiliry and liability for any and all damage, less or injury ofany kind
or nature whatsoever to persons or property caused by or resulting fmm the execution of the work provided for in
this purchase Dale, or in cunnection herewoh. I he Seller will indemnify and hold himlen the Purchaser and any,
r all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages,
charges or expenses, whether direct or indirect, and whether to pounds in pmPety b which the Purchaser may
h put in subject by teases of my art, action, neglect, omission or default on the part of the Seller, my of his
compact.¢, or any of the Sellers or cormaors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its nRrms, agmn or employed, at any lime oa accar nor l m
by reason of any act, anion, neglect, omission or default of the Seller of any of his contractors or any of its or
their ofrirms, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, atommys fees and other expenses,
any and ill judgments that may be incurred by or obtained against the Purchmer or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lim nd placed upon m
obained again, the propmy of the Purchaser, or said panes = or as a result of such such or other proceedings,
the Seller will at matt coma the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety privations, f ish and install all guards amesmry for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without hat ation, the
Occupational Safety and Health Act of 1970 and all idles and regulations issued pursuant thereto.
Revised 07n014