HomeMy WebLinkAbout190886 PROQUEST LLC - PURCHASE ORDER - 9112939Fort Collins
PURCHASE ORDER
Date: 05/2412011
Vendor: 190886
PROQUESTLLC
PO BOX 1346
ANN ARBOR Michigan 48106-1346
PO Number Page
9112939 1of3
This number must appear
on all invoices, packing
slips and labels.
Ship To: PUBLIC LIBRARY (MAIN)
201 PETERSON ST
FORT COLLINS Colorado 80524-2
Delivery Date: 05/23/2011 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Order Price
1 DATABASE SUBSCRIPTION 1 OT LS 1,290.00
SIRS RESEARCHER
Online Research Database Access.
Period: August 1, 2011 thru July 31, 2012
Per Order# US1677391.
2 DATABASE SUBSCRIPTION 1 LOT LS 2,890.00
HERITAGE QUEST ONLINE
Online Research Database Access.
Period: August 1, 2011 thru July 31, 2012
Per Order# US1677390.
3 DATABASE SUBSCRIPTION 1 LOT LS 6,450.00
FT COLLINS COLORADOAN
Online Research Database Acces .
Period: August 1, 2011 thru July 1, 2012
Per Order# US10005514.
4 DATABASE SUBSCRIPTION 1 LOT LS 9,300.00
MULTIPLE DATABASES
Culturegrams Online Digital Sandorn-Colorado, and Ancestry Library.
Period: August 1, 20 1 thru July 31, 2012
Per Order# US1723494.
c3. oi�t�:ges�
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, 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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 3 of 3
1. COMMERCIAL DETAILS.
Tax exemptions. By smarm the City of Fort Collins is exempt fixer two and local taus. Our Exemption Number is IL NONWAIVER.
98f4502. Federal Excise Tax Exemption Cenificate of Registry 84 6000587 is registered with the Collmmor of Failure of the Purchaser to insist upon strict performance of the temps card conditions berm(, failure or delay to
Imenal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39 26, 1 W (a). exercise any rights or remedies provided herein or by law, failure A promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval efthe deign, shall not rdearnhe Seller of
Goods Rejerrm. GOODS ROOCTED due to 6ilam to meet specifications, either %heir shipped or due to defects of any Of the aviornows or obligations of this purchase order send shall out be domed a waive, of any right of the
damage in transit, may be returned to you for en dit am are not to be replaced except upon receipt of written purchaser to insist upon strict performance hmcofor any of its rights or remedies m to any such goods, regardless
instronams from the City of Too Collins. of whrn shipped, received or accepted, as to any prior or salwsponat default haeutodm, nor shall any putponed
am) modification an rescission of this purchase weer by the Purchaser operate as a waiver of any of the temps
Inspection. GOODS am subject any the City of Fon Collins Imµcnion on mind, hermf.
Final Acceptance. Receipt of the merchandise, services or equipment in response m this order can molt in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
iutharized peymrnt on the pun of the City of Fort Collins. 1luweva, it is to be undooduud that FINAL Seller and the Pumhavr recognize that in armed ec m practice, overcharges resulting Wm antitrust
apsqnmrern ACCEPTANCE is dependent upon completion,fall plicable required inspection podus. violations are in fact boe by the Purchaser. Theretofore,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 hereafter
Freight Teats. Shipments most he F.O.D.. City of Fort Collins. 700 Wood St., Pon Collins, CO 80522. unless acquired under federal or state antitrust laws for such ovembnrgs relating to the particular goods or services
otherwise specified on this order. if pamiaion is given to prepay freight and charge upamtely, rise original freight purchased or acquired by fire Pumhaser pursuant o this porchme mden
bill musuceomlany fancier. Additional charges for Packing will no be accepfd.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance, Where mamfacmrers have distributing mints in various ryase+ pans of the coum, shipment is If Purchdi¢os the Seller to from, nonconforming or defective goods by a date to be aged! upon by the
expected from the ncamt distribution point to deainution, end excess freigh will be deducted fmnr Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingmss to comply, the Purchaser
shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs sssaciatd with such work.
Permits. Seller shall procure at sellers sole cot all necessary permits, certificates and licenses; required by all
applicable laws, regulations, insurance, and rules of thc arm, municipality, territory or political subdivision where
the work is Performed, or required by any other duly constitutd public suthonty having jurisdiction ova the work
of vendor. Seller further agrees to hold the City of tort Collins hamilesc fmm and against all imil by and loss
incurred by them by reason Of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements
Authorimfiatn. All parties to this saturation ogee that the mpooenmrive, on in 6d, bona tide ad posmm, full and
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the owns and conditions stated
herein set Each and any supplementary or additional tears am conditions annexed hcrem or incorporated herein by
reference. Any additional or ditTerem tears and renditions proposed by seller are objc,ed to end hereby r,joined,
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you tonnes make complete shipment to arrive on your
promised delivery, dare as noted. Time is ofthe essence. Delivery and Performance must be effeetd within fire time
stated on the purchase under and the dmummnts aaoched hereto. No acts of the Pumhamrs including, without
limitation, acceptance of partial lam deliveries, shall opemtc as a waiver of this provision. In she event Of any delay.
the Purchaser shall have, in addition to other legal and equitable rcnmmes, the option Of placing this order elseO hem
and holding the Seller liable for damages. However, the Seller shall not be liable for dru ages as a result of delays
due to causes not reasonably f xessa able which are hrywd its reasonable control and without its fault of negligeme,
such acts ol'God, any of civil or military authorities, governmental priomies, Gm, strikes, flood, epidemics, wars or
may provided that nonce of the conditions caning such delay is given to the Purchaser within five (5) days of the
time when the Seller first rmcived knowledge thereof In the event of any such delay, the time of delivery shall be
mended for the peril equal to the time woolly last by reason offhc delay.
3. WARRANTY.
The Seller warren¢ that all geuall asides, materials and work corned by this when will conform with applicable
drawings, specifwfio s, rumple, andfor other descriptions given, will be N for the imposes intended. W
ova mmM with the highest degree of cam and competence in neormirs, with sacpmd standards for work of a
similar owner. The Seller agues to hold the purchaser harmless from my loss, drramp or expense which the
Purchaser may suffer or incur on account affair Sellers breach of warranty. The Seller shall replace, repair we make
good, without cam m 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 from of any applicable warranty pmvided by the Sellerafter the date of
acceptance of the goods fumiand hmcunder peeponce not to be unreasonably delayed). resulting fmm imperfen
or delvic work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
conssimte a waiver ofany 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 of any Of the foregoing warranties
or guamnrtvs, but such liability shall in no event Include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTAHILI I Y OR OF FITNESS I'OR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make chargesm legal coma by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change officers the amount due or the time of performance hereumm, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wren change order, terminate this agreement m to any or all onions of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or reamands then in
progress provided that the Purchaser shall not be liable for any claims for anocimmd pmfine on the uncompleted
portion uftM goods and/or work, for incidental or consequential damages, and that nn such adju,amem be made in
favor of the Sella with respect to any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any gods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjussmcm most be assert within nhhty (30) days from the date the change or maturation is
ordered.
8. COMPLIANCE WITH LAW,
The Seller warrants that all good 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 acquired to oHvet or evidence compliance. All laws and negotiations required to be
ncorpormd in agrmmenm of this cham,cr, arc hereby incomonmd herein by this rcfcmrue. The Seller agents no
indemnify and hold the Purchaser hatmlen fmm all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9.ASSIGNMENT.
Neither pasty shall assign, number. or convey thu made, or any monies due or to beeaffm due hereunder without the
prim vdaen consent of the other parry.
10. TITLE.
The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items firmished
in performmee of this agreement fee and clear of any and all liens, restrictions, reservations, security interest
eraambraooes and claims of others.
The Seller shall .1. the Purchaser end its co urefors of any tier now all liability ad claims of any nave
resulting from the performance ofsuch work.
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 Party.
The Settees mntm,ual obligations, including wmmmy, shall nor be domed to he reduced, in my way, bmuse
such work Is performd or caused to be Performed by the Porchasm.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, parent, trademark
r copyright, the Scllcr shall indemnify and save harmless the. Purchaser fmnr any and all claims for infringement
by mason of the use of such eve ntd dexip, device, material or process in connection with the comma,, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch
infringement at my time during the prosecution or afa the completion of the work. In cue mid equipment, or
any pan thereof or the intended use of the goods, is in such air held to coneritim 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 equal but
naninfringing equipment, or modify it as it becomes nownfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankapt. make an ami,mat for the benefit of,editors, appoint a
or more fur any of the Sellers property or busmen, (his We, may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The deflnumns ofterms used or the amputated of the agreement and the rights of all parties hereunder shall be
onamrd undo and gmemed by the laws of the Sate of Colorado, USA.
The following Additional Conditions; apply only in cases whom the Seller is to perform Ord, hereunder,
including the services of Sellers Repfeatentmive(s), on the premises ofethoa
17. SELLERS RESPONSIBILITY.
The Seller shall cart, on said work at Seller's own risk until the same is fully completed mod acceped, ad shall,
in aze of any accident, destruction or injury to the work nWor mmmals Eefore Seller's final completion and
accepance, couples, the work at Sellers own expense and to the sat66crion of the Punhaur. When materials
and cquipmrnt arc fumishcd by others for Installation or friction by the Seller, the Seller shall receive, unload,
store and handle moo at the site and hcomc responsible mcrefm as though such materials and/or equipment
were being finished by the Seller under the order.
ILL INSURANCE.
The Seller shall, ar his own expense, provide for the paymnt of workers compeamtion, wclodirg oecimaiotml
disease benefits, to its employes employed on or in connection with the work covered by this purchase order,
and or to their dependents in accordance with the laws of the state in which the work is to ho done. The Seller
shall also many comprehensive gmeml liability including, but not limited to, contractual and automobile public
I imil'as insurance with bodily injury and dcmh limits of at lase $300,000 far any are Loosen, $500,000 for any
one accident and property damage limit pn accident of $400,000. The Seller shall likewise require his
contactors. If any, to provide tut such com anyounn and insurance. Before any of the Sellers or his twommors
employees shall do any work upon the promises of others, the Shcm shall famish the Purchaser with a certificate
that such eomprnmtion and insurance have been provided . Such certificates shall specify the due when such
ompensation and insurance have barn presided. Such ceaifcams shall specify the date when such compensation
and in agm expires The Seller rthat such rumor nsau�eaatb en and momme shall be maintained until ac
u nn wurk Is completed and accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume the entire no,craibiliry and liability for any and all damage loss or injury fany kind
or enure whim esm to 0. a or property caused by or resulting fmm the execution ofNe work providd for rd
this purchase order or in connection herewirh. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchases offers. agents and employees from and against any and all claims, loses, damages
charges or expenses, whether direct or indirect and whether to parsons or property to which the Purchaser may
he put or subject by reason Of any am, action, neglect amiaion of default on the pan of the Seller, any of his
contnaors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall M brought agimt the Purchaser, or its officers, agents or employees at any time on account or
by reason of any am, action, neglmt omimion or default of the Seller of any of his contractors or any of its or
their otTmrs, agents or employees m aforesaid, the Seller hereby agrees to assume the ddcnse thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fern and other exomors,
any and all judoents that may be in sad by or obtained against the Purchaser Or any of its or their officer,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon of
obmined against the property of the Purchase, or said panics in or as a result ofsuch suits or other pfinedings,
the Seller will al once cause the same ro M dissolved and dimharged by giving bond or otherwise. The Sella and
his contractors shall take all safety pmca moos, famish and inuall all guards neasary 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 thereto.
Revised WOWO