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HomeMy WebLinkAboutC05-295 di.f STATE OF COLOMDO Bill Owens, Governor Douglas H. Benevento, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory Services Division Denver, Colorado 80246-1530 8100 Lowry Blvd. Phone (303)692-2000 Denver, Colorado 80230-6928 TOO Line (303) 691-7700 (303) 692-3090 Colorado Department Located in Glendale, Colorado of Public Health http://www.cdphe.state.co.us and Environment September 15,2005 Dear Local Health Partner, Enclosed please find a fully approved Purchase Order (OE FHA EPI06000074) between the State of Colorado, Department of Public Health and Environment's Preparedness Programs and Eagle County Government for the use and benefit of Eagle County Nursing Service. This purchase agreement references your Bioterrorism Grant Year 05106 Preparedness & Response Activities Scope of Work and has an effective start date of September 1, 2005. Please keep this original in your contracts file For your information and the reference of your auditors, the United State Department of Health and Human Service, Centers for Disease Control and Preventions ("CDC") has awarded the State these federal funds under Notice of Cooperative Agreement Award ("NCAA") number U90/CCU816827-06 to fund "Public Health Preparedness and Response for Bioterrorism" activities, see, Catalog of Federal Domestic Assistance ("CFDA") number 93.283. Please review the attached document( s) and upon review and approval please sign below and then fax this signed letter to the attention of Marti Wood at (303) 691-7811 by October 15,2005. After faxing the signed letter to my attention, you may begin submitting invoices for reimbursement of any expenses incurred during this grant award period. Please direct those billings and any questions you might have regarding the reimbursement process to the attention of Sonia Gonzales, Contracts Monitor for the Public Health Preparedness Programs at (303) 692-2681. (A copy of the Scope of Work, Required Invoice Template and Invoice Guidelines are also attached. As always thank you for your continued cooperation and support. Should you have any questions or require further information please do not hesitate to contact me. Sincerely, ~ Marti Wood Contracts Coordinator Public Health Preparedness Programs Colorado Department of Public Health and Environment Phone: (303) 692-2645 Fax: (303) 691-7811 LOCAL HEALTH PARTNER ACCEPTANCE OF PURCHASE ORDER I, on behalf of t. Q ~-e ('C)V, v,~'\. , hereby acknowledge that the Scope of Work and Purchase Agreement have een reviewed, ~d are accepted and agreed to. I further acknowledge that I have the necessary authority to sign this acceptance on behalf of the entity mentioned above. \ tl-L\ -l)"":::::, Title Date CO DEPT OF PUBLIC HEALTH/ENV DATE: 09-15-05 PURCHASE 4300 CHERRY CREEK DRIVE SO ORDER DENVER CO 80246 1530 IMPORT ANT The PO # and Line # must 5T A TE OF COLORADO Buyer: LUPE QUESADA appear on all invoices, Phone Number: 303-692-2073 packing slips, cartons 01 Agency Contact MARTI WOOD and correspondence Phone Number: 303 692 2645 ACC: 09-07-05 State Award # FEIN 846000762 L Phone: - - Bid # Vendor Contact Invoice in Triplicate Purchase Requisition #: RX FHA EPI06000087 To: DEPT PUBLIC HEALTH/ENVIRONMENT DI5 CONTROL&ENV EPI DIV A-3 v EAGLE COUNTY GOVERNMENT 4300 CHERRY CREEK DRIVE SOUTH E N EAGLE COUNTY NURSING SERVICE DENVER, COLORADO 80246-1530 D PO BOX 660 0 EAGLE CO 81631 Payment will be made by this agency R Ship CO PUBLIC HEALTH/ENVIRONMENT INSTRUCTIONS TO VENDOR: To: DIS CNTL & ENV EPI DIV A-3 1. If for any reason, delivery of thiS order Is delayed beyond the dellveryllnstallatlon date shown, please notify the agency contact named at 1he top lefllRlght of cancellation Is 4300 CHERRY CREEK DRIVE SOUTH reserved in instances in which timely delivery is not made,) DENVER CO 80246 1530 2. All chemicals, equipment and materials must conform to the standards required by OSHA. 3. NOTE: Additional terms and conditions on reverse side. Delivery/Installation Date: 08-31-06 EO.B. SPECIAL INSTRUCTIONS: LINE COMMODITY/ITEM UNIT OF QUANTITY UNIT COST TOTAL ITEM COST ITEM CODE MEASUREMENT 001 91883000000 $38,122.00 BT GRANT YEAR 05/06 PREPAREDNESS & RESPONSE ACTIVITIES SOW INCORPORATED HEREIN BY REFERENCE TERM: 09/01/05-08/31/06 DOCUMENT TOTAL = $38,122.00 1/Fi6It1ful~SU'~t'SoR8~ffi~H WXS"NU815M~ttTl5~ 0 9 -14 - 0 5 FOR THE STATE OF COLORAOO ,/K-tf );( O/(.. .'J{ EPSf'O f AI>. Authorized Signature PURCHASE ORDER TERMS AND CONDITIONS SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE VENDOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING INCLUDING ALL FEDERAL AND 1. Offer/Acceptance. if this purchase order refers to your bid or proposal, then this purchase order is an ACCEPTANCE of your STATE INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS CONTRACT. VENDOR OFFER TD SELL In accordance with the terms and conditions of the IFBiRFP, as stated in your bid. If no bid or proposal IS ACKNOWLEDGES THAT THE VENDOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT referenced, the purchase order IS an OFFER TO BUY, subject to your acceptance, which must be demonstrated by either your INSURANCE BENEFITS UNLESS THE VENDOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE performance of the purchase order or by a formal acknowledgment in wnting. Any COUNTER-OFFER TD SELL is automatically STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE VENDOR SHALL HAVE NO construed as a CANCELLATION of this purchase order unless a change order is issued accepting a counter-offer. In the event AUTHORIZATION EXPRESS OR IMPLIED TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR vendor form(s) or part(s) of forms are included in. or as an altlChment to, any bid, proposal, offer, acknowledgment or otherwise, UNDERSTANDiNG EXCEPT AS EXPRESSLY SET FORTH HEREIN. VENDOR SHALL PROVIDE AND KEEP IN FORCE, vendor agrees that in the event of inconsistencies Or contradictions, the terms and conditions of the solicitation document and this WORKERS' COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE UPON REQUEST) AND UNEMPLOYMENT purchase order shall supersede and control over those conlained In the vendors form{s) regardless of any statement to the COMPENSATION INSURANCE IN THE AMDUNTS REQUIRED BY LAW, AND SHAlL BE SOLELY RESPONSIBLE FOR contrary in a vendor form(s). Unless the purchasing agent speCifically agrees in writing through overt reference or other express THE ACTS OF VENDOR, ITS EMPLOYEES, AND AGENTS. written indication of assent terms and conditions on vendor forms regarding choice of law, venue, warranty disclaimer Of 16. Communication. All communications, including reports, notices. and advice of any nature, concerning administration of eXClusion, indemnifica!lon or kmitation of liability shall be of no effect thiS purchase order, prepared by vendor tor the state agency's use, must be furnished solely to the PurchaSing Agent within 2. Safety Information. All chemicals, equipment and materials proposed andior used in the pertormance of this purchase order the agency purchasing office. must conform to the standards required by the William-Steiger Occupational Safety and Health Act of 1 970. Bidders must furnish 17. Compfiance with Laws. Vendor agrees to comply with all applicable federal and state laws, regulations and policies, all Material Safety Data Sheets (MSDS) for any regulated chemicals, equipment or hazardous materials at the time of delivery. as amended, including those regarding discrimination, unfair labor practices, anHick-back and collusion. 3. Changes. The vendor agrees to furnish the products and/or services in strict accordance with the specifications, and at the 18. Americans with Disabifities Act (ADA) Requirements. If this solicitation contemplales the provision of state services price set forth for each item. Nothing in the purchase order may be added to, modified, superseded or otherwise altered except in writing signed by an authorized representative of the state agency purchasing office and acknowledged by the vendor Each to the public, the vendor shall, in addition to any other requirements under Title 11 of the Amencans With Disabilities Act shipment received or service pertormed shall be only upon the terms contained in the purchase order, notwithstanding any terms comply with the Title 11 requirements of the Americans with Disabilities Act regarding the accessibility of the State's that may be contained in any invoice or other act of vendor other than acknowledgment of a written change order to the purchase services and programs, as an explicit reqUirement The vendor assures that at all times during the performance of any order. resulting contract no Qualified individual with a disability shall, by reason of that dISability, be excluded from parncipallon in, or be denied benefits of, services, programs, or activities performed by the vendor for the benefit of the State. 4. Delivery, Unless otherwise specified, in the solicitation or in thiS order, delivery shall be F.O.B. destination. In its acceptance 1 g. Insurance. The vendor shall obtain, and maintain at all times during the term of this purchase order, insurance as of any Quotation offer, the state agency is relying On the promised delIVery date, installation, or service performance as maferial and basic to its acceptance In the event of vendors failure to deliver or perform as and when promised, the state agency specified in the solicitation or order, and shall provide proof of such coverage. reselVes the right to cancel its order, or any part thereof, without prejudice to its other rights, and vendor agrees that the state 20. Termination For DefaultlCause. agency may return all or part of any shipment so made, and may charge vendor with any loss or expense sustained as a result of a. Except as otherwise agreed, the Uniform Commercial Code shall govern in the case of transactions in goods. In the such failure to deliver or perform as promised. Time is of the essence. case of services, if the vendor refuses or fails to timely pertorm any of the provisions of this purchase order, with such diligence as will ensure its completion within the time specified in this purChase order, the Purchasing Agent may notify the 5. Rights In Data, Documents, and Computer Software or Other Intellectual Property (State Ownership), Unless otherwise vendor in writing of the non-performance, and if not promptiy corrected within the time specified, such officer may terminate agreed in writing, any software, research, reports, studies, data, photographs, negatives or other documents, drawings or the vendors right to proceed with the purchase order or such part of the purchase order as to which there has been delay materials delivered by vendor in the pertormance of its obligations under this purchase order shall be the exclusive property of the or a failure to propel1y pertorm. The vendor shall continue performance of the purchase order 10 the extenl it is not State. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, tenninated and shall be liable for excess costs incurred in procuring similar goodS or services elsewhere. Payment for prepare derivative works, or otherwise use the works. completed services pertormed and accepted shall be at the purchase order price. 6. Quality. The State will be the sole judge in determining "equals' with regard to quality, price and pertormance. All products b. In the case of remedies exercised under this paragraph for services, or analogous remedies exercised under the Uniform Commercial Code tor transactions in goods, the purchasing agency may withhold amounts due to the vendor as delivered shall be newly manufactured and of the manufacturers current model, unless otherwise specified. the Purchasing Agent deems to be necessary to reimburse the purchasing agency for the excess ccsts incurred in curing, 7. WafTanties, All provisions and remedies of the Uniform Commercial Code relating to both implied and expressed warranties completing or procuring similar goods and services. are herewith referred to and made a part of these Terms and Conditions and are in addition to any warranties stipulated in the c. In the case of either transactions in goods or services, the vendor shall not be in default by reason of any failure in specifications. performance of this purchase order in accordance with its terms if such failure arises out of acts of God; acts of the public enemy; acts of the State and any governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; 8. Inspection and Acceptance. Final acceptance is dependent upon completion of all applicable inspection procedures. Should quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. the products or services fail to meet any inspection requirements the State may exercise all of its rights, including those provided in the Uniform Commercial Code. In the case of services, the State reserves the right to inspect services provided under this d. If after rejection, revocation, or other termination of the vendors right to proceed under the provisions of the Uniform contract at all reasonable times and places. 'Services' as used in this clause includes services pertormed or tangible material Commercial Code (in the case of transactions in goods) or this clause (in the case of services), it is determined for any produced or delivered in the performance of services. If any of the services do not conform with purchase order requirements, the reason that the vendor was not in default under the provisions of this clause, or that the delay was excusable, the rights and State may require the vendor to pertorm the services again in conformity with purchase order requirements, with no additional obligations of the parlies shall be the same as if the notice of termination had been issued pursuant to the termination for payment When defects in the Quality or Quantity of service cannot be corrected by re-pertormance, the State may (1) require the convenience clause. vendor to take necessary action to ensure that the future pertormance conforms to purchase order requirements and (2) equitably reduce the payment due the vendor to reflect the reduced vaiue of the services performed. These remedies in no way limit the 21. Termination For Convenience. remedies available to the State in the termination provisions of this purchase order, or remedies otherwise available at law. 9. Cash Discount The cash discount period will start from date of receipt of acceptable invoice, or from date of receipt of a. Cancellation Prior to Contracf Formation. When this purchase order is not accepted by written acknowledgment this purchase order may be canceled by written or oral notice to the vendor prior to shipment of goods or beginning of acceptable products/services at the specified destination by an authorized agency representative. whichever is later. performance of selVices. 10. Taxes. The state agency, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue b. Termination After Contract Formation. Unless otherwise agreed in writing, in addition to the rights and remedies Code [No. 84-730123K] and from alt state and local government use taxes [CRS. 39- 26-114(a) and 203, as amended]. Tax governing transactions in goods in the Uniform Commercial Code, the Purchasing Agent may when the interests of the exempt numbers for the specific state agency may be found elsewhere in this document Vendor is hereby notified that when purchasing agency so require terminate this purchase order in whole or in part, for the convenience of the agency or materials are purChased for the benefit of the Slate, such exemptions apply except that in certain political subdivisions (for ins1itution. The Purchasing Agent shall give written notice of the termination to the vendor specifYing the part of the purchase order terminated and when termination becomes effective. Upon receipt of the notice of termination, the vendor example. City of Denver) the vendor may be required to pay sales or use taxes even though the ultimate product or service is shall incur no further obligations except to the extent necessary to mitigate costs of pertormance. In the case of services or provided to the Stale. These sales or use taxes will not be reimbursed by the State. specially manufactured goods, the State shall pay reasonable seWement expenses, the contracl price or rate for supplies t 1. Prompt Payment State law and reguladons provide that vendors will be paid within forty-five days after receipt of products or and services delivered and accepted, the reasonable costs of periormance on unaccepted supplies and services. and a reasonable profit for that unaccepted wol1<, in accordance with the cost principles promulgated in accordance with section services and a correct notice of amount due. unless otherwise agreed to by contract or special conditions of the purchase order. 24-107-101, Colorado Revised StaMes, as amended. In the case of existing goods. the State shall pay reasonable A State liability not paid within forty-five days is considered delinquent and, unless otherwise agreed to, interest on the unpaid seWement expenses, the contract price for goods delivered and accepted, reasonable costs incurred in preparation for balance shall be paid beginning with the forty-sixth day at the rate of one percent per month on the unpaid balance until paid In delivery of the undelivered goods, and a reasonable profit for that preparatory work. The amount of the termination liability full. A liability shall not arise if a good faith dispute exists as to the agency's obligation to pay all or a porlion of the liability. under this paragraph shall not exceed the amount of the purchase order price plus a reasonable cost for settlement Vendors shall invoice the State separataly lor interest on delinquent amounts due. The billing shall reference the delinquent expenses. The vendor agrees to submit a termination proposal as well as reasonable supporting documentation, cost and payment the number of days interest to be paid and the applicable interest rate. [Ref. See 24-30-202(24), C.R.S., as amended.] pricing data, and a cerlification required by section 24-106-101, ~R.S., as amended, upon request 01 the Purchasing Agent 12. Vendor Offset. Pursuant to CRS 24-30-202.4, as amended, the State Controller may withhold payment lor debts owed to 22. Purchase Order Approval. This purchase order shall not be deemed valid unless it is executed by the Purchasing state agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance 01 tax, accrued interest or other charges specified in Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Agent for the purchasing state agency or institution. The State shall have no responsibility or liability for products or Division of the Department of Higher Education; (d) owed amounts required to be paid to the unemploymenl compensation fund; services delivered or pertormed prior to proper execution hereof. and (e) other unpaid debts owing to the state or any agency thereof, the amount of which is found to be owing as a resull of final 23 Fund Availability; Federal Funds Contingency. Financial obligations of the State of Colorado payable after the agency determination or reduced to judgment as cernfied by the State Controller. current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. 13. Assignment and Successors; Antitrust Cfaims, The vendor Shall not assign rights or deiegale duties under this purchase If this purchase order is funded in whole or in part with federal funds, this purchase order is subject to and contingent upon the continuing availability of federal funds for the purposes hereof. If this purchase order contemplates the purChase of order, or subcontract any part of the pertormance required under the purchase order, without the express, written consent of the goods to be delivered in a single installment the State represents that it has set aside sufficient funds to make payment State, which shall not be unreasonably withheld. This purchase order shall mure to the benefit of and be binding upon the parnes under this purchase order in accordance with its tenns. hereto and their respective succeSSors and assigns. Assignment of accounts receivable may be made only with written notice furnished to the purchasing agency or institution. 24. Choice of Law. This purchese order IS made in the State of Colorado. The laws of the State of Colorado shall govern in connection with the formation, performance and the legal enforcement of this purchase order. Unless otherwise specified 14. Indemnification. In the event any arncle sold or delivered under this purchase order is covered by any patent copyright in the solicitation or this order. venue for any judicia! action arising out of or in connection with this purchase order shat! be trademal1<, or application therefor, the vendor will indemnifY and hold harmiess the State of Colorado from any and all loss, in Denver, Colorado. Vendor shall exhaust administrative remedies in S 24-109-106, Colorado Revised Statutes, as kabUity, cost expenses and legal fees incurred on account of any claims, legal actions, or judgments erising out of manufacture, amended, prior to commencing any judiCial action against the State. sale or use of such article in violation, infringement or the like of rights under such patent copyright, trademal1< or appkcallon. If this purchase order is for services, to the extent authorized by law, the vendor shall indemnifY, save, and hold harmless the State, 25. Uniform Commeroial Code. All references in this purchase order to the Uniform Commercial Code shall mean the its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney Uniform Commercial Code as adopted by the State of Colorado at Title 4, Colorado Revised Statutes, as amended. fees incurred as a result of any act or Qf11ission'bY the '"(ndqr, or its emptoyees, agents, subcontractors or assignees arising out o(Qfin conf\l>ction with pertormance qf services ordered by this purchase order. 26. Non.discrimination, The vendor agrees to comply with the letter and spirit of all applicable state and federal laws respecting discrimination and unfair employment practices 15. INDEPENDENT CONTRACTOR. THE VENDOR SHAlL PERFORM ITS DUTIES HEREUNOER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE VENDOR NOR ANY AGENT OR EMPLOYEE OF THE VENDOR 395-30.55<)159/395-30.55<)233 (R 5199)