HomeMy WebLinkAbout445402 CHEMATOX LABORATORY INC - PURCHASE ORDER - 9150697Fort Collins
Date: 01 /30/2015
Vendor: 445402
CHEMATOX LABORATORY INC
5401 WESTERN AVE
BOULDER CO 80301
PURCHASE ORDER
PO Number Page
9150697 1012
This number must appear
on all invoices, packing
slips and labels.
Ship To: POLICE DEPARTMENT
POLICE SERVICES
2221 SOUTH TIMBERLINE ROAD
FORT COLLINS CO 80525
Delivery Date: 01/29/2015 Buver: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 Drug Screening
reference Law Enforcement and
Prosecution Services cost sheet.
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.mm
1 LOT LS
40,000.00
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
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins s exempt from sate and local axes. Our Exemption Number is
I I. NONWAIVER.
98-14502. Federal Exciae Tax Exerrryliw Catofcae of Registry 84-6000587 Is registered with the Collector of
Failure of no Purchase, to how upon scrim performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Derwin, Colorado (Rcf. Colorado Revised Stamta 1973, Chapter 39-26, 114 (a),
extram my rights or mnedors provided herein or by law, failure to promptly ratify the Seller in the event of a
breach, We acceptma or., payment far goal hereunder or approval ofthe design, shall not mi. the Seller of
Goods Rejected. GOODS REJECTED due to fmlule to meet wecifwtimss, richer when shipped or due m defects of
any of the wasp —lies Or obligations of this purchase order and shall rot be deaned a waiver of any right of the
damage in transit may be returned to you far credit and are not IO be replamdl except upon mail of wnrtan
pmrchrom in insist upon strict pe foram n, heaofor any of its rights cummerms as to any such goods, regardless
instructions from des City area" Collins.
of when shipped, received or accepted, as r0 any poor Or subsequent default hormismm, nor shall my amponed
oral modification w ¢scission of Nis purchase orda by We Purchaser apeate . a waiver of any of the arms
ho,eclion. GOODS ate subject to the City of Fan Collies inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the put of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, o acha gus resulting from antitrust
ACCEPTANCE is dependent upon complmion of all applicable required inspection procedures. violations are in fact borne by de Punch.a. Themarrore, far good cons, and as consideration for aerating this
purchase order, the Sella hereby assigns a the Purchaser any and all claims it may now have or hacafter
Freight Terms. Shipments most be FOR, City of Fan Collins, 900 Wood SL, Fort Collins, CO 80522, unless acquired under federal or sure antitrust laws for such overcharges relating to We particular goods or services
otherwise specified on this Omer. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this puncture 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 variant pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by 'he
expected frvm the nearest distribution point to destination, and excess Bright will be deducted from Invoice when Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance. may cause the work to be performed by the all expeditious means available to it and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers sale toll all necessary permits, cenifcues and licenses required by ell
applicable has, mguUtimm, ordinances and rules of de sure, municipalily, territory w political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agars to hold the City of Fan Collins harmless from and against all liability and loss
incurred by than by reason of an assenal or established violation army such laws, regulations, ordinances, ales
and requirements.
AuNorization. All pities to this commit agree that the apasentatives art, in fact, From fide and ponsell full and
complete authoriry to bind said panic.
LIMITATION OF TERMS, This Purchase Order expressly limit acceptance W 0m team and conditions sated
formal set But and any supplementary Or adddim rl terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different mats and coadnions proposed by seller art 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 de usrnce Delivery end performance must be effected wilhi^the time
stated on the purchase order and We documents attached harem. No acts of the Purchasers including, without
limitation, acceptance of panial lam deliveries, shall operate as a waiver of this provision. In the event many delay,
the Parchaser shall have, in addition a oche, legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages However, the Seller shall at be liable for damages as a caul, of delays
due to causes not reasonably foreaceable which are beyond its reasonable criminal and without its real, of negligence,
such act of God, act of civil or military authorities, governmental paonties, fires, strikes, flood, epidemics, wars or
riots provided that notice of the wnditions coursing such delay is given to the Purchaser within five (5) days of the
time when the Seller fast received knowledge therm[ In the event of any such delay, the date of delivery shall be
extended for the permed equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will amount with applicable
drawings, specifications, samples moor other descriptions given, will be fi, for W< purpom intended, and
pert eel with the highest degree of care and competence in accordance with accepted standards for work of a
unit., naure. The Seller agrees to hold the purchaser branches, from nay lass, damage w expense which the
Purchase, may suffer or iwnr on maw, of the Seam breach of.,y. The Sell,, shall regime,.,, Or make
good, without cost Ip the purchaser, any defect w faults arising within one (I) year m within such longer period of
Brae as may be prescribed by law or by the teat of my applicable watmanty provided by the Sella o a de date of
acceptance of the goes f ished hereunder (mcepame Out W be unreaswmbly d,layed), resulting from imperial
or defective work done or materials furnished by the Seller. Acceptance w aw of gods by We Purchases shall not
onuiate a waiver of any claim under Wis wartanry. Except as milawme provided in this purchase order, she Sellers
liability hereunder shall extend to all damages nownswei, .used by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss afprofits or loss of are. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terns by wrinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Poducier may make any changes to be terms, other than Irmo terms. including additions m or delelic ns from
the gmmues originally ordered in the specifications or drawings, by verbal w written change Dade, If any such
change anal, the nnaninl due tar the time ofperfurm:mce hereunder an equitable adjustment shall he made.
6. TERMINATIONS.
The Purchaser may at any time by written change Omer, terminate this agreement as to any to all portions of the
goods then not shipped, subject to any equitable ndjaatment between the parties as to any work or materials then in
progress provided that the Purchaser shall not Be liable for my claims for anticipated profits on the uncompleted
portion of the goods andor work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller wit respect to any goods which are the Sellers standard stock. No such lamination shall relieve
the Purchaser or the Seller army of their obligations as in my good delivered hcmunda
T. CLAIMS FOR ADJUSTMENT.
Any claim for udjosturem must be asserted within Worry (30) daYs from We date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella wamaat that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the good ate subject The Sella shall execute and
deliver such documents as may hat required to effect or evidence compliance. All laws and regulations required an be
ncorporamd in agreement of this chamma are hereby incorparaled herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser m a result of the
Sella failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the Omer party.
10. TITLE.
The Seller ...all full, clear and unrentnded title to the Purchaser for all equipment, mamdals, and items borrowed
in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest
encumbrances and claims f.hers.
The Seller shall release the Purchases and its contractors of any lim from all liability and claims of any more
resulting from the performance of such work.
This release shall apply even in We event of fault of negligence of the party released and shall extend to the
directors, oic m and employees attach party.
The Sellers cormamual obligations, including warranty, shall not be deemed to be reduced, in my way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use any design, device, material or powers covered by later, patent, hadawh
cows, t the Sella shall indemnify and save harm esa We Puacbaser fro any and all claims for infringement
by mason of the use of such patented design, device, material in process in connection with the contract, and
dull indemnify We Putchma for any cost, expense or damage which it may be obliged to pay by reawn of such
infringement at any time daring the prosecution or after the completion of the work. In case said equipment, or
any part thereof or the intended use of the goods, is in such .it held to cmnstiale inGngemrnt and the use of
said equipment or pan is enjoined, the Seller shall, at it own expense and at its option, either procure for the
Pmchaseo the right to cominam Ming said equipment w pans, replace We same with subsunlially equal bur
noninfdnging equipment, or modify it son becomes nuninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt, make an assignment for the benefil of creditors, appoint u
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser wihout liability.
16, GOVERNING LAW.
The definitions of W. trsed or We interpretation of the agreement and the right of all ponies hereunder shall be
animmued under and governed by the laws oftbe State of Colorado, USA.
The fallowing Additional Conditions apply only in cases where the Seller is to perform work h ncondm,
including the, sections ofSellm Rwirmenalive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall any on said work in Sellers own ask it the same is fully completed and acceptd, and shall,
in rase of any accident detwouion or injury to the works moor materials before Sellers fw1 completion and
wceptanes, complete no work at Sellers own expense and to the satisfaction of the Purchum. When mateaals
and cquipment are fiunishW by others for installation or erection by the Sella, We Seller shall receive, un1.d,
store and handle same at the site and become responsible therefor m dough such materials and/or equipment
were We, fiunished by d, Seller under the Omer.
I S. INSURANCE.
The Seller shall, at his own expense, provide far the payment of workers compensation, including occupational
disease benefit, to it employees employed on or in connection with We walk covered by this purchase order,
amhm to their dependents in accordance with the laws of the slate in which the work is to be done. The Seller
shall also cam, comprehensive general liability including, but not limited to, contactual mid automobile public
liability insurance with bodily injury and death limit of at least S300,000 for any one person, $500,000 for any
one
accident and property damage limit per accident of S400,000. The Seller shall likewise acquire his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractor
employees shall do any work upon the premises of alters, the Seller shall famish the Purchrow with a ceni0cate
that such compensation and insurance have been provided Such certificates shall specify the dare when such
onw-u ation and insurance have been provided. Such emifimtes shall specify the date when such compensation
and insurance expires. The Seller agars that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the mum respoixibilit, and liability for any and all damage, loss m injury of any kind
or nature wbalsout 10 pecans err progeny caused by or ..If, from d , execution critic walk provided for in
this purchase order or in connection herewith. The Sena will indemnify and bald hamtless the Parchssa and any
or all of the Purchasers officers, agent and employees farm aM agi im, any and all claims, losses, dwasi
charges orexpenses, wheeler direct w indirect and wheeler, to persons or property to which no Purchaser may
be put orsubject by reason of any act action, acglet omission or default an the part of the Seller, any of his
contractors, many of the Sellers or contermarm officers, agent or employees. In .se my suit or other
proceedings shall be brought against the Purchases, or its oRcal, agents on, employees at on, time on manim w
by ¢rice of any act action, neglect, omission or default of the Sella of my of his contractors or my of its or
Weir offcers, agents or employees as aforesaid, We Sella hereby agrees at assurne the defame thereof and to
defend the same at the Sellers own expense, to pay any and all cosy, charges, artomeys fees and other expenses,
any and all judgment that may be incurred by or obtained against the Purchaser or my of its or their olEce s,
agents or employees in such suits or other proceedings, and in cove judgment or other lien be placed upon or
obtained against the properly of the Punhoser, or said parries in or m a result ofsuch suits or other proceedings,
the Seller will at once cause the 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
accident, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and I lealth Act of 1970 and all ales and regulations issued Forward thereto.
Revised 07/2014