HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 9112586Black Hills Institute
of Geological Research, Inc.
P.O. Box 643 / 117 Main Stret fidl City. SD 57745-0&13 USA Ph (603) 57-1-42a9 Fax (605) 574-2515 Ncb w w1)I igr.com a -Flail info60bhigrcom
Purchase Agreement #FCM030411
City of Fort Collins
This constitutes an agreement bmveen the City of Fort Collins for the benefit of the Discovery Museum (hereafter called BUYER)
located at 300 LaPorte Ave,, Fort Collins, CO 80522, USA and Black Hills Institute of Geological Research, Inc. (hereafter called
BHT) with headquarters at 117 Main Street / Hill City, SD 57745, USA
BUYER agrees to purchase items described below (hereafter called, "The Work")
• Original composite Bison mrtiquut mounted skeleton
Summary of costs:
The Work - S48,000
Packing, Delivery and Setup Assistance - $500
Total Cost - US $48,500
• BUYER will make payment of US $24,250 to BHI to schedule and initiate The Work. BUYER will make one additional
payment totaling S 12,125.00 prior to delivery and the balance of S 12,125.00 after delivery approval.
• The Work will be assembled from approximately 90% cleaned and restored (where necessary) bones from multiple specimens
chosen for appropriate size, color, etc. (BUYER is aware that color variation is expected.) Any bones missing from the
composite will be filled in using casts from sculpted or previously molded bones. Said casts will be produced in polyurethane
Foaming and/or non -foaming resins or other suitable sculpting or casting materials. Casts will be painted to approximate the
colors of original fossil. The Work will be mounted in a pose agreed to by BHI and BUYER.
• BHI will deliver The Work to BUYER's specified location in Fort Collins and will assist BUYER's staff in assembling The
Work for exhibit.
• anticipated delivery date of THE WORK is on or beforeJamuavy 30, 2012.
• No failure or omission by a party hereto in the performance of any obligation of this agreement shall be deemed a breach of
this agreement nor shall it create any liability, provided that the party uses reasonable efforts to resume performance
hereunder, if the sank shall arise from any cause or causes beyond the reasonable control of the party, including the
following, which, for the purpose of this agreement, shall be regarded as beyond the reasonable control of the party in
question: acts of God, fire, flood, acts or omissions of any government, any rules, regulations, or orders issued by any
governmental authority, accident, war, rebellion, insurrection, riot and invasion.
The Work is a product of the artistry, artwork, and preparation of BHI and/or their affiliates. As such it is protected under
United States and International Copyright laws. Any duplication of The Work without written authorization of the copyright
holders) is not permitted and is subject to civil and criminal prosecution, excluding the following:
1) BUYER may capture media of The Work for use in BUYER's promotion, advertising, and marketing, including creation
of consumer merchandise, so long as any consmner uses credit BHI.
2) BUYER may capture media of The Work for use in BUYER's interpretive media
3) BUYER may make small-scale, 3-dimensional replicas of The Work for display or sale; however, this right does not include
the right to make cass of The Work or the individual bones that make up The Work.
• Any disputes or conflicts arising from the exercise of this contract may be resolved through arbitration.
This Purchase Agreement represents the entire agreement between the parties as of the date signed. any additions to or
modifications of the Purchase Agreement will be made in writing, signed by both parties.
Signe or
Robert A. Farrar (Sec/Treasurer) Date
Sign for BUYER
t bt ort Collins (Representative) / Dat