Loading...
HomeMy WebLinkAbout499991 COLORADO HEALTH MEDICAL GROUP - PURCHASE ORDER - 9150670of FOCity, Collins Date: 01/2912015 PURCHASE ORDER Vendor: 499991 COLORADO HEALTH MEDICAL GROUP PO BOX 732031 DALLAS TX 75373-2031 PO Number Page 9150670 1of2 This number must appear on all invoices, packing sli s and labels. 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 i 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tux exemptmns. By statute the City of Fan Collins is exempt fmm state and local axes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84fi000587 is mgistered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Sciences 1973, Chapter 39-26,114 (a). Goods Rejected, GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of damage in prompt, may be returned to you for credit and arc not to be replaced except upon receipt of written instructions from the City acrid Collins. Inspection. GOODS are subject to the City or Pon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order ca result in authorized payment on the pan of the City of Fan Collins. However, it is to In, m uncienod thatFINAL ACCEPTANCE is dependent upon completion of all applicable required] impaction procedures. Freight Times. Shipments most be F.O.B., City of Fan Collins, 700 Wood SL, End Collins, CO $0522, unless otherwise specified an this miler. if pemriesion is given in prepay freight and change separately, the original freight bill most accompany armor. Additional charges for packing will not be wceped. Shipment Distance. Where ma misman on have distributing points in variants parts of the country, shipment is exported from the to med distribution point to destination, and excel freight will be deducted from Invoice when shipments are made fmm greeter distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances mid rules of the state, municipality, territory or political subdivision when the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Iron Collins bandits from and against all liability and lass add minimal by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules d requirements. Authonantion. All parties to this contract agree fled the rcprescnrmives are, in fit, Tuna fide and possess full and complete authority to bind said patties. LIMITATION OF TERMS. This PurcTase, Order expressly limits acceptance a the perms and codtliom spared herein act forth sod any supplementary or additional romp and condition aanexed hereto or incorporated herein by refinance. Any additional or different corms and mndgiom proposed by seller art objected to and herd"pectd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents amched harem. No acts of the Purchasers including, without limitation, acceptance of partial line delivmes, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shut hove, in addition to other 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,, causes not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military, authorities, governmental priondes, fires, strikes, food, epidemics, wars or dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of Be time when the Seller first received knowledge thereof. In Be event of any such delay, the date of delivery shall bet extended for the period equal m the time actually out by person of the delay. 3. WARRANTY. The Seller wammts That all goods, articles, mmedals and work covered by this ardor will coot with applicable drawings, specifications, samples arWor other descriptions given, will od fit for the purposes intended, and performed with the highest degree of wit and competence in accordance with wcel id standards for work of a similar opium. The Seller agrees to hold the purchaser harmless fmm my loss, damage or expense which rue Prommser may surer or incur on account of the Sellers breach t runnmty. The Sella shall replace, repair or make Stuart, without cost to the purchaser, any defects or faults nixing within one (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable company provided by the Seller after the done of eoepmnce of the good., fumlshed hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or detective work dune or amounts fumishd by the Seller. Acceptance or use of good., by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase oMe,, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the Foregoing warranties 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 to legal Carom by wrium change order. 5. CHANGES IN COMMERCIAL TERMS. Th, Pwehsser may make any file —me, m the lemu, other Jun legal terms, including whistlers in or deleames fmm the qumlities originally ordered in the specifealiom or drawings, by venbal or comen change order, If any such change areas the re amount due or the time ofperfermance hereunder, an niuilat le adjustment shall he made. 6. TERMINATIONS. The Purchaser cony at any time by "mien change order terminate this .,..cut as to any or all portions of far goods then not shipped, subject Iq any equitable adjustment between the parties as 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 portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ol'the Seller with respect o any goods which ale the Sellers standard stock. No such nomination shall relieve the Purchaser or the Seller army of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjitmmmr mnsr he, asserted within thirty (30) days from the dam the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller wmmnts thal all goods sold hereunder shall have bcen muderd, sold, delivered ab famished in strict compliance with all applicable laws and regulations to which the goods are subject, The Seller shall execute cad deliver such documents as may be nquisd to effort or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby handicapped harem by this reference. The S<Ilm agrees to indemnify and hold the Purchaser harmless fmm all costs and damages su@red by the Purchaser as a result of the Seller failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, danger, or convey this order, or my monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller wamnrs full, clear mall unrestricted title to the Pm<hazef for all equipment, materials, and items famished in perfomtane, of this agreement, fee and clear of any aril ill liens, restnetiom, rexnvliona, security interest encumbrance and claims nfothers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfnrmmce of the lamps and conditions hereof, failure or delay to exercise my rights or remedies provided herein or by law, failure to promptly nitrify the Seller in the event of a breach, the ancepanes arm payment for goads hermader or approval ofthe design, shill nor release the Seller of any of the wananries or obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upon strict performanne hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryened oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the temps hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recogn¢e that in actual economic practice, overchmges resulting from antitnmr violations are in fact home by the Purchacr. Thpa ethfore, fogood cause and as conaidemtion for executing this purchase order, the Seiler hereby assigns to the pardoner any and all claims it may now have or hereafter acquired under federal or data entitrmt laws far such evereharms painting he the particular goods or services purchased or acquired "a Purehaser pursuant m this fi chore odor. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pmchuer directs the Seller in curred nmmonforining or defective goad by a date on be agreed upon by the Purchaser and the Seller, and the Seller NereaRer indicates its inability or unwillingness to comply, the Purchaser cony roue the work to be performed by rue mnsr expeditions means available to o, and the Seller shall Pay tali casts associated with such work. The Seller shall release the Purchaser and us confndors of any tier from all liability and claims of any nature resulting from the performance afsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, otficem and <mployms ofsuch party. The Seileh contractual obligations, including w tY. shall not be domed to be reduced, in my way, because such work is performed or camel to be, performed by Be Purchaser. 14. PATENTS. Whenn's the Seller is required to use my design, device, oaten it or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchases Tom any and all claims for infringement by reason of the use of such patented design, device, matted at pmeess in connection with the conimm, and shall indemnify the Purchaser for any cost, expense er damage which it may be obliged on pay by remora of such infringement at any time during the pounnotion or afro the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute InGingement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue min, said equipment or pans, replace the same with substantially equal but noninfrioung equipment, or modify it so it becomes noninfi ngng. 15. INSOLVENCY. If the Seller shall become insolvent or Wnkmpt, npke an assignment for the benefit of creditors, appoint a receiver of resume for any of the Sellers Furriery or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defnitiom ofteduts coed or the interpretation tribe agreement and the rights of all parries hereunder shall be roaswd under mod govmoed by the laws ofNe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the smices of Sellers Representatived), on the premises urethras. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk ..,it the same is fully completed it accepted, and shall, in u of any accident, destruction or injury to the work andor materials before Seller's final completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Pumhasm. When materials and egdpmem are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle mine at the site and become responsible therefor as though such arromms arrdror equipment were being f ished by the Seller under the order. ULTNSURANCE. The Seller shall, at his own expense, provide for the payment of worker compensation, including occupational disease benefits, to its employees employed] on or in connection with the work covered by this purchase color. maker to their dependents in accordance with the laws of the state in which the work w m To done. The Seller shall also rimy comprehensive general liability including, but ren limited to, com ostual and automobile public liability insurance with buddy injury and death limits of at least 5300.000 for any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his entrwton, if any, to provide for such compensation and insurance. Before any of the Sellers in his contractors employees shall do any work upon the premises crouton, the Sella shall furnish the Purchaser with a cenifcam that such compensation and insurance have been provided. Such certificates shall specify the data when such compensation and insurance have been provided. Such ccdiftcates shall specify the dale when such compensation and insurance expires. The Seller agrees that such compensation and insurance skill be maintained until after the ,mire work is completed and worried. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind to npmre whmsoevv to perseas or property, crossed by or resulling fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless $e Pumbriver and any r all of the Purchasers aI ie rs, agents am employees fmm and against any nod all claims, losses, damages, charges or expenses, whmhcr direct or indirect, and whether Ip persons or properly m which the Puncbme, may be put or subject by rcrwn of any tut, action, neglem, omission or default on the pan of the Seller, any of his examinations, or any of the Sellers at contractors officer, agents or employees. To ¢se my and or other proceedings shall be brought against the Pardoner, or its officers, agents or employees at my time on mcoum or by reason of my cot, action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense therever aM to defend the same at the Sellers own expense, to pay any and all costs, charges, a ant fees and other expcmes, any and all judgments that may be incumd by or obtained against the Purchaser or any of its of their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or olmind against the property cribs Purchaser, or said parties in or as a result of such suits or other proceedings, The Seller will at once cause the same no be, dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall rake all safety precautions, famish and install all grand necessary for the prevention of accidents, comply with all laws and reputation, with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mkN ad regulations issued pursmnt thereto. Revised 07R014