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HomeMy WebLinkAbout324362 HORIZON TOURS - PURCHASE ORDER - 9111946City of art Collins Date: 04/07/2011 Vendor: 324362 HORIZON TOURS PO BOX 295 FREMONT Nebraska 68026 PURCHASE ORDER PO Number Page 9111946 1of2 This number must appear on all invoices, packing slips and labels. Ship To: FORT COLLINS SENIOR CENTER CITY OF FORT COLLINS 1200 RAINTREE DRIVE FORT COLLINS Colorado 80526 Delivery Date: 04/07/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Order Price Sr. trip to sandhill cranes 1 T LS 5,272.00 C3. O!lka2 /�- City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO 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 Total $5,272.00 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. Tam exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98 f 502. Federal Excise Tax Exemption Certificate of Registry R4.fA0(1587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Rcviacd Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit may be returned to you for credit and arc not to be replaced except upon receipt of written instructions from the City effort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on omen 11. NONWAIVER. Failure of The Purchaser to insist upon strict performance of the terms and conditions fiercer failure or delay to exercise any rights or remedies provided herein or by law, failure in pmmptiv notify the Seller in the cent of a broach, the acceptance error payment for good Immander or approval of,he design, shall not release the Seller of any of the warranties or obligations of this purchase Order and shall not be domed a waiver of anv right of the purchaser to insist upon strict perfommncc hereof or any of its rights or remedies as to any such grad, rg,,,d)css of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of This purchase order by the Purchaser operate as a waiver of any of The terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this aide, can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front intitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact bore by the Purclmser. Therctofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hosesler Freight Terms. Shipmctns most be F.O.B., City of Fort Collins, 700 Wood St.. Eon Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwisc specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased m aequircd by the Purchaser pursuant to this purchase order. bill most accompany invoice Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, .shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall precurc at sellers salt, cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or 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 agrees to hold the City of Eort Collins harmless from and against all liability and loss incurred by Them by reason of an asserted or established violation crony such laws, regulations, ordinances, piles and rcquircments. Authnrizntion. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated hercin set forth and any supplementary or additional terms and conditions annexed hereto or incorporated hercin by reference. Any additional or different terms and conditions pmposed by seller arc objected to and hereby rejeclM. 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 ptt(ormance most be effected within the lime stated on the purchase order and the documents attached hereto. No acts of the purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay. the Purchaser shall have, 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 to causes not reasonably Foreseeable which am beyond its reasonable control and without its fault ofncgligcncc, such acts fGod, acts fcivil of military authorities, governmental priorities, fires, shikcs, flood, epidemics. wars or nots 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 crony such delay, the date of delivery shall he extended for the period equal to the time actually lost by reason ofrhe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drrsvings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perfomed with The highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wamnty. The Seller shall replace, repair 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 terms of any applicable wamnty provided by the Seller after the date of acceptance of The goods furnished hercundu (acceptance not to be unreasonably delayed), resulting from imperfcct or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall net constitute a waiver crony claim under this warranty. Except as otherwise provided in this purchase, order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or 1. cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal temw by written change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the Terms, other Than legal terms, including additions to or deletions front ,he ganmifes originally ordered in the specifications or drawings, by verbal or written change outer. If any such change affects the amount due or the time ofpcifomance hereunder, an equitable adjusmtenl shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all Iranians of the good then not shipped. subject to any equitable adjustment betwocn the parties as to any work or materials then in pmgrcss pmvidcd that the Purehawr shall not be liable for any claims for anticipated profits on the uncompleted Portion of the good and/or work, for incidental or eonsequcnthd damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchase, or the Seller crony of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fmm the dale the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods 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 be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchawr as a result of The Scllcrs 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 other party. 10. TITLE. The Seller wamnty full, clear and unrestricted title to the Purchaser for all equipment, materials, and items Nourished in perfomancc of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to coffee, reactant forming or defective goods by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to couple. the Purchaser may cause the work to be performed by the must expeditions means available to it. and The Seller shall pay all rests associated with such work. The Seller shall release the Purchaser and its contractors of any Tier fmm all liability and claims of any nature resulting from the performance of Bach mark. This release shall apply even in The event of fault of negligence of the party released and shall extend to the directors. officers and employees of such puny. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced, in any may. because such work is performed or caused to be perfemmd 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, the Seller shall indemnify nad save hnnnless the Purchaser fmm any and all claims for infringement by reason of The use efsuch patented design, device. material or process in connection with the contract, and shall indemnify the Purchaser for any cost. expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or ancr ,he completion of the work. In case said equipment, or any pan thereof er the intended use of the goods, is in such suit held to constitute infringement 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 using said equipment or pans. replace the same with substantially c loal but noninfringing equipment. or modify it se it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for 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 Purchaser without liability. 16. GOVERNING LAW. The definitions oftcrms used or the interpretation ofdw agreement and the rights ofall panics hereunder shall be construed undo and governed by the Imes ofthc State of Colorado, USA. The fellmving Additional Conditions apply only in cases where the Seller is to rarfom, work hereunder, including the services of Sellers Representmiee(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Selleh men risk until the same is fully completed and accepted, and shall. in case of any accident, destruction err injury to the work and/err materials before Scllcrs final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the outer. IR. INSURANCE. The Seller shall, at his own expense, pmvidc for the payment of workers compensation, including ocepolimral disease benefits, to its employees employed on or in connection with The work covered by this purchase order. and/or to their dependents in accordance with the Imes of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, comhactual and automobile public liability insurance with bodily injury and death Pones of at least S30(1.000 for any one person. $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his mnme,co, if any, to pmvidc for such c Opens Lion and insurance. Before any of,he Sellers or hisconaamors employees shall do any work upon the premises of Others, ,hSeller shall famish the Purchaser with a eenifieate That such compensation and insurance have bccn provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specifiv the date when such cotpcnsation and insurance expires. The Seller agrees that such compensation and insurance shall be untrimmed until after the entire work is completed and reecpted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury crony kind or nature whatsm%er to persons or prefory caused by or resulting from the execution of the work pmvidcd for in this purchase order or in connection hacwi Th. The Seller will indemnify and hold hamOcss the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims. losses, damages. charges 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. Omission or default on the pan of The Scllcr, any of his contractors, or any of the Sellers or Contractors officers, agents or employees. In case any snit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, emission or default of the Seller of any of his contractors or any of its or their effects, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, attomeys fees and other expenses. any and ill judgments that may be incurred by or obtained against the Purchaser or anv of its or Their officers - .agents or employees in such suits or other proceedings, and in case judgment or other Iica be dinual upnu Or obtained against the property Of the Purchaser, err said panics in cr as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or olhcmisc. The Seller and his contentions shall take all safety precoutions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occtpational Safety and Health Act of 1970 and all roles ind regulations issttcd pursuant thereto. Revised 0312010