HomeMy WebLinkAbout499502 CENTURA HOME CARE LLC - PURCHASE ORDER - 9150671City of
Flirt Collins
Date: 01/29/2015
PURCHASE ORDER
Vendor: 499502
CENTURA HOME CARE LLC
3030 N CIRCLE DR SUITE 210
COLORADO SPRINGS CO 80909
PO Number Page
9150671 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
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
10,000.00
Total
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
I. COMMERCIAL DETAILS.
Tax exemptions. By same ate City of Fan Collins is exempt from stae and local taxes. Our Exemption Number is
It. NONWAIVER.
98-IH502. Federal Excise Tax Exemption Ce frocam of Registry 84-6000587 is registered with the Collector of
Failure of the pardoner m insist upon strict performance of the mans and conditions hereof, failure or delay to
Trimmed Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 1 M Ad.
—raim any rights or remedies provided herein or by law, failure ta promptly notify the Seller in the our of a
branch, the acceptance nfor payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goads Rej,r d. GOODS REJECTED due m failure to meet specifications, either when shipped On due to defects of
any of the wamnties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of women
purchaser to insist upon strict performance hereofor any of its rights ar remedies at to any such goods, regardless
inswcdons from the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default bereunder, nor shall any purposed
oral modification Or rescission of this purchae order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject in she City ofFort Collins inspection an amval.
hereof.
Final Acceptance. Recast of the memhardin, service or equipment m response m this ode, can result Or
12. ASSIGNMENT OF ANTITRUST CLAIMS.
sulhonnad payment oa the pan of the City of Too Collins. lloxa,sa, it is m be understand ,hen FINAL
Seller and the Pumhncr recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchaser. Theetaire, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchase, any and all claims it may now have or hereafter
Freight Term. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fact Collins, CO 80522, unless
acquired under federal or site common laws for such ovemharges relating in the particular goads or services
otherwise specified on this order. Upemrission is given to prepay freight and charge separately, %e original freight
purchaed or acquired by the Purchase, pursuant a Nis pareene order.
hill moo acconsio ne income. Additional charees foreackive will not be accepted.
Shipment Distance. Where m nufactufers have distributing points in various an, of the country, shipment u
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments art made from greater distance.
Permian. Seller shall procure at sellers into cost all nacoury permits, certifiaes and liceosm required by all
applicable laws, regulations, ordinances and rules of the some, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public amhodty having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless form and against all liability and lass
incurred by them by reason of tan assured or established violation of any such laws, regulations, ordinances, roles
anrequir meats.
Autlroriratiun. All pander m this contract agree that the representatives am, in fat, bona fide and possess full and
comdeft su,honty to bind said panda.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the menu and conditions stand
herein set faith and any snpplememary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately if you ...at make camplme shipment to arrive on your
promised delivery data as noted. Time is of the essence. Delivery and peif.. most b<etfected within fe time
stated on the purchase order and the documents anuched hereto. No ace of the Purchasers including• without
limitation, acceptance of radial Ism delimnm, shall operate as a waiver of this provision. In the event of any delay,
the Purchase, shall have, is addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. Howxvor, the Seller shall no, be liable for damages n a result of delays
due to causes not reasonably iancoable which ae beyond its ..his control aad without its fault of negligence,
such acts ofGd, acts ofrivil Or military authorities,gwemmental minorities, f , writes flood epidemics, wars or
nos provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller wmrunts that all goods, articles, materials end work covered by this order will con. with applicable
drawings, specifications, samples andior other descriptions given, will be fit for the pmpuses intended, and
performed with the highest degree of acre and conscience in accordance with aueptd standards for work of a
'miler min re. The Seller agrees Ip hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good without cost to the purchaser, any defects or faults ansing within one (1) year or within such longer period of
time ses may he prevented by law or by the ra. of any applicable warranty provided by the Sella after she date of
acceptance of,hc goods finished h ommder (acceptance nor in be nably delayed), resulting form imperf ,
or defective work done or materials fnnishd by the Sella Acceptare, or toe of goods by the Purchaser shall rot
ons,imts a waiver of any claim under this warranty. Estill n otherwiu provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of he foregoing warranties
or guarantees, but such liability shall in no event include loss of urfils 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 terms by women change color.
5. CHANGES IN COMMERCIAL TERMS.
The Puremem, may make any changes to the terms, .,her than legal corms, including additions to or dem6cs. Oom
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change afros the amount due or the time afpe,fotmance h maide,, as equitable adjustment shall be mute.
6. TERMINATIONS.
The Purchaser may at any time by wrimen change order, terminate this agreement as to any or all famous of the
goods then not shimmed subject to 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 goads amV., work, for incidental or consequential damages, and Oat no such adjustment be made in
favor of the Seller with respano any goods which are the Sellers smdand stook. No such larmiwdon shall reline
the romancer or the Seller Ofany of their Obligations as to any gods delivered baeunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim far adjustment must be assured within thirty (30) days from the dam the change or limitation is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warants Nat all goads sold hereunder shall have been produced sold delivered and famished in sure,
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 to effect or evidence compliance. All laws and regulations required to he
nmrpomled in egreameme of this cheracmr arc hereby incie,mo ed herein by this reference. The Seller agrees m
indemnify and hold the Purchaser hmmleas 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 ensign, consist, or convey this order, or any monies due or to become due hereader without the
poor written consent of the other parry.
10. TITLE.
The Seller warrants fnf, come mall unrestricted tide to the Purchase, for dl equipment, masmai and items famished
in performance of this agreement free and clear of any and all lien, reametiones, reservations, security interest
encumbrances and claims ofothem.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purdnnser and the Sclla and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be perfrmd by the mast expedition mean available to it, and the Seller shall pay all
costs aswciad with such x'mk.
The Seller shall mlame the Purebrear and its contactors of any net from all liability and claims of any nature
resulting from the performance ofmch work.
This release shall apply even in the event of fault of negligence of the party relend and shall extend to the
directars, officers and employees of such party.
The Sellers commmcal Obligations, including warranty, shall not be demand to be reduced, in any way, suasion
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
or copyright, Ne Seller shall indemrdfy and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such Formed design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cast expense or damage which it may be obliged to Pay by «non of such
infrngement at any time during the prosecution or aver 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 c nstione infringement and the use of
said equipment or pan is enjeimd, the Seller shall, at its own expense and at its option, either Procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninfnaging equipment err modify it an it becomes normnfdnging.
15, INSOLVENCY.
If the Sella shall Saamc insolvent or land rept make an assignment for the benefit of creditors, amain, a
receiver or nustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser salmon liability.
it. GOVERNING LAW.
The definitions of menu wed or the inser,examem ofthe agreement and the rights ofall parties hereunder shall be
cnnswed coder and governed by the laws ofthe State ofColorede, USA.
The following Additional Conditions apply only in cases where rise Seller is to perform work hereunder,
including the services of Sellers Ru,nucnmtivefs), oa the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall can, on said woo at Sellers men risk until the same is illy completed and accepted, and sbull,
to se of any accident, destruction or injury to the work and/or materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and in the satisfaction of the purchaser. When materials
and equipment am famished by others for installation or erection by the Seller, the Seller shall receive, ardasd,
store and handle same at the site and become responsible therefor us though such materials andJor equipment
were being furnished by 0o Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work scverd by this purchase order,
anchor to their dependents in accordance with the laws of the sane in which the work is to be done. The Seller
shall alder con, rcimmbensive general liability including, but not limited ter, commensal and automobile public
liability insurance with bdily injury and death limits of at lent $300,000 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
onnactars, if my. to provide fro such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Sella shad! famish the Purchase, with u urtifiate
that such compensation and insurance have been provided. Such ccvofimtas shall specify the date when such
compensation and insurance have ban provided. Such certif.", shall specify the date when such compensation
and insurance expires. The Seller agrees the, such compensation and insurance shall be maintained until after the
entire woo is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire rea mo ibility and liability for any and all damage, loss or injury of my kid
or nature whatsoever to persons or posterity caused by or resulting from the execution ofhc 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 Purehnsers officers, agents and employees from and against any and all claims, losses, damages,
changes or expenses, whether direct or indirect, and whether to persons or Property to which the Purchaser may
be put or subject by reason of any act, action, neglect emission or default on the pad of the Seller any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall Ins brought against the Purchasq or its officers, agents or employees a any time on mount or
by mason of any act, action, neglect, omission or default of the Seller of any of his comments or any of its or
their officers, 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, mtomays fees and other expenses,
any mad all judgments Nat may be incurred by or obtained against the Purchaser or any of its or their officers.
agents at employees in such suits or other Procedings, and in case judgment or other lien be placed upon or
obtained against the property of the purchaser, or said parries in or as a moult of such suits or other proceedings,
the Seller will at once some the same to be dissolved and discharged by giving band or oflumiae. The Seller and
his contactors shall mks all safety preeaulions, fumvh and install all guards necessary for the prevention of
ecidents, comply with all laws and egulaions with regard in safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto.
Revised (UnO14