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HomeMy WebLinkAbout110983 NEW HORIZONS TRAVEL - PURCHASE ORDER - 9144928Fort Collins Date: 08/26/2014 PURCHASE ORDER Vendor: 110983 NEW HORIZONS TRAVEL 300 E BOARDWALK DR BLDG. 1-A FORT COLLINS CO 80525 PO Number Page 91"928 1 of2 This number must appear on all invoices, packing sli s and labels. Ship To: FORT COLLINS SENIOR CENTER CITY OF FORT COLLINS 1200 RAINTREE DRIVE FORT COLLINS CO 80526 Delivery Date: 08/26/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 airline tickets - FCSC trip INV 082414 dated AUG 24, 2014 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.00m 1 LOT LS 12,722.93 722.93 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fart Collins is exempt from sate and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon start performance ofthe tams and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (par Colorado Revised Smates 1973, Chapter 39-26, 114 (a). exercise any rights or manages provided herein or by law, failure to promptly notify the Seller in the event Of s breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet spaifcationa, either when shipped or due a defects of any of the volcanoes or obligations of this pumhm, order and shall not be deemed a waiver of any right of the damage to trash may be reamed to you for credit and are .1 to be replaced except upon receipt of wn vim purchaser to insist upon strict performance Immure, any Of its rights or remedies as to any such goods, regardless instructions fmm the City of Fort Collins. of when shipped, tropical l or areeptal, as many pd., or subsequent &fault hereunder, nor shall any purported oral moth ertim or rescission of Nis purchase color by the Purchaser operate as a waiver ofany of the a ppow Inspection. GOODS are subject to file City of Fort Collins inspection on anent, hereof. Final Acceptance. Receipt if the merchandise, se r equipmca component in response to this order n result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. nuforimd payment on the an of the City of Foie Collins. however, it is to be undermrxtd that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon compleion Of all applicable required inspection procedures. violations me in fact home by the Purchaser. Theretofore, for good carom and as consideration for executing this purchase ordeu the Seller hereby unifies to the Purchaser any and ill claims it may now have or hereafter Freight Terms. Shipments must Ire F.O.B., City of Fart Colfax,'100 Wood St, Too Collins, CO 80522, tress otherwise specified on Nis order Upermissom is given to prepay freight and charge separately, the original freight bill mint accompany invoice. Additional charges for pocking will not be accepted Shipment Distance Where manufacturers have disnibming points in various pans of the country, shipment is expected from the natural duarromion point to destination, and excew freight will he deducted from Invoice when sbipmen6 are made fmm greater distance. Permits. Seller shall procure at sellers sole cost all necessary pounds. certificate and licenses required by all applicable laws, regulmiotas, oolhances and rules or the stale, municipality, ternary or political subdivision where the work is perforated, or rcgniral by any other duly constlmmd public authority having jurisdiction over the work of vendor. Seger further agrees to hold the City of roil Collins handles fmm and against all liability and loss incurred by than by roan. of on assured or established violation of any such laws, regulations, ooliremov, rules and requirements. Authonamon. All parties to this contract agree that the representatives are, in fact, born fide and possess full and a e,lae authority to bind said parties. LIMITATION OF'I ERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional mina and conditions annexed hereto or occPomted herein by reference. Any rdfioral or different arms fired emtdltiom proposed by solar are objected to and hereby jelled. 2. DELIVERY. PLEASE ADVISE, PURCHASING AGENT immediately if you cannot make complete shipment to waive on your promised delivery date as noted. Time is of the essence. Delivery and perf er ance must he effected within the time stated on the purchase order and the documents watched hereto. No acts of the Purchasers including, without limitation, acceptance Of partial late deliveries, shall Operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition I. 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 a a result Of delays due m causes not assembly foreseeable which art beyond its reasonable control and without its fault of negligence, such carts of God, acts of civil m military aahoritiq govemmenal paoaties fires, strikes, food, epidemin, wars or riots provided Nm notice of the wadit o w occur a, such delay as given a the Franchiser within live (5) days of the time when the Seller !m 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 of the delay. 3. WARRANTY. The Seller warrants that .11 goods, articles, mamrials and work covered by this other will conform with applicable drawings, speciticatimn, samples andor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and comcemnce in accordance with accepted sandards for work of a 'mils aware. The Seiler agrees to hold the pueluscr hamtlos from any loss, damage or expense which the mfer purchaser ay sufor incur on account of the Sellers breach of wamamy. The Seller shall replace, repair or make good, without cost to the prorehaea any defects or faults arising within one (I) year or within such longer prtnd of time it, tray be prescribed by law or by the teats of my applicable warmly provided by the Seller ago the dam of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fomishol by the Seller. Acceptance or use of goods by the Purchow, shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase under, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in. event crude 1. of prefix 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 IcpI mints by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumhaer may make any changes to the terms, .,her than legal terms, including ndditions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order . If any such change affects the amouat due and the time of performance hereunder, an equitable djmtment shall be, made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all pmtiom of me goods then not shipped, subject to any winnable adjustment between the panes as many work or fiamaals then in progress provided her the Purchaser shall nut be liable for any claims for amid wed pmfils on the uncompleted ,onion of the goods canal., work, for incidental or colow,amand damages, and that no such adjustment be made in favor of doe Seller with respect to any goals which are the Sellers mmdtrd stock. No such nomination shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hereunda. T. CLAIMS FOR ADJUSTMENT. A, claim for Wjmtmeal must be usmed within thirty (30) days fmm the date the change or termirstian is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder dull have been produced, sold, delivered and fumished in strict compliance with all applicable laws and regulations to which the goads 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 Ws character are hereby incoryomtd herein by Nis reference. The Sella agrees to indemnify and hold Our Purchaser hamlcas fain all costs and dumuges suffered by the Purchaser as a result of the Sellers failure to comply wnN such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without Nc prior wri ao cement of the other parry. 10. TITLE. The Seller reactants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items Emil in performance of Nis agreement, f and clear of any and all liens, aromatic., reservations, security interest encumbmoces amend claims i fathers. acquired under federal or slate antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser ptosuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seiler to comer nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work m be perforated by the moil expeditious means available to it, and the Seller shall pay all costs associated with such work. The Sella shall release the Purchaser and its commetios of my tier, fmm all liability and claims of any cure noul ing fmm the Performance ofaucb work. This release shall apply even in the event of fault of negligence of Ne piny released and shall extend to flue directors, officers and employees ofmch party. 'r he Seller's mn mount oblignli wai, including wammry, shall not be deented to be reduced, in any way, because such work is parliament err canned In be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to vas any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hanaless the Purchaser from any and all claims for impingement by reason of the use of such patented design, device, mamaal or process in connection with the contmcL and shall indemnify the Purchaser far any owl, expense or dam, which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any pat thereof or the intended use of the goods, is is such suit held m constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure her the Purelaer the night to continue using said equipment or parts, replace the same with substantially equal but non infringing equipment, or modify it so it becomes nonimHnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a meciver or trustee for any of the Sellers literary or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The def nitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State ofColoroda, USA. The following Additional Conditions apply only in cases where the Seller is m perform work hereunder, including the servicesof Seller Reprenenalive(s), oa the premise, i forcers. 17. SELLERS RESPONSIBILITY. Tic Sella shall can, an mid work at Seller's own ask until the mine is fully completed and accepted, and shall, u of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of due Purchaser. When materials and equipment are, furbished by others for installation or election by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials and/or equipment were being headed red by the Seller undo the order. 18. INSURANCE. The Sella shall, at his own expense. provide for the payment of workers compensation, including occupational disease benefits, to its employees employd on or in connection with the work covered by this purchase order, amber to their dependents in accordance with the laws of the sate in wbich the work is to be done. The Seller shall also cant' comprehensive general liability including, but not limited to, opersoml and automobile public liability insurance wilh bodily injury and death limits of at less, 530gIXxt far any one person, $500,000 for any one accident and property damage limit per acidenl of S400,000. The Seller shall likewise require his if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchnur with a ern ficam that each compeavtion sand in a once have been provided. Such ce.if rates abase specify me date when such compensation and insurance have barn provided. Such certificates shall specify Ne dart when such compensation and insurance expires. The Seiler agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire copamlbilay and liability for any will all damage, loss orinjury ofany kind or talure whaa powr to Paribas or property caused by or resulting fmm the execution of the work provided for in this purchase other or in corancoion herewith The Seller will indemnify and field homeless the Purchaser and any or all of the Purchasers oMe., agents and employees floor and agahut wry and all claims, losses. damages, charges or expenses, whether direct or indirect, and whether to persons and propeary to which the Purchaser may Im put or subject by reason of any act action, neglacl, omission or default . Ne pan of the Seller, any of his comments, or any of the Sellers or contractors ofrners, agents or employees. In rise any suit or other proceedings shall be brought against the Purchaser, Or its officers, agents or employees at any time on account or by reason of my act, relion, neglect, omission or default of the Seller of any of his coulacars or any of its and their officers, agents or employees m aforesaid, the Seiler hereby agrees to assume the defense thereof and to defend fie same at the Seller own expense, to pay any wad all costs. charges, attorneys fees and other expenses, any and all jrgments that may be ircrered by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other pmaedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or a a mull ofsuch suits or other proceedings, the Seller will at prone cause the same to be dissolved and discharged by giving bond or otherwis. The Sella and his contractors shall take all safety precautions, fumish and insall all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant Nereus. Revised 07n014