Loading...
HomeMy WebLinkAbout121322 BIBLIOGRAPHICAL CENTER FOR RESEARCH - PURCHASE ORDER - 3212117City of art Collins PURCHASE ORDER Date: 01/18/2012 Vendor: 121322 BIBLIOGRAPHICAL CENTER FOR RESEARCH 14394 E EVANS AVE AURORA Colorado 80014-1408 PO Number Page 3212117 1of2 This number must appear on all invoices, packing slips and labels. Ship To: PUBLIC LIBRARY (MAIN) 201 PETERSON ST FORT COLLINS Coldrrado 80524-2 Delivery Date: 01/18/2012 / Buyer: DAVID CAREY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF 90ODS AND/OR SERVICES, AS NEEDED, DURING THE CURRENT/CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES ND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT7SUCH GOODS AND/OR SERVICES. Line Description / Quantity UOM Unit Price Extended Ordered Price LOCATING SERVICES FOR LIBRARY MATERIALS-2012 ANNUAL PO FOR 2012 ESTIMATED SERVIC U 1 LOT LS AS ORDERED AND INVOICED. 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 200,000.00 Total $200,000.00 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. Tax exemptions. By marine the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 95-04502. Federal Excise Tax Exemption Certificate of Registry 54-6000587 is registered with the Collector of Internal Revenue, Dcnver, Colorado (Ref. Colorado Revised 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 rommed to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fen Collins. Inspection. GOODS arc subject to the City errant Collins inspection on arrival. 11. NONWAIVER Failure of the Purchaser to insist upon strict perfomance of the terms and conditions hereof, failure or delay to exercise any rights or remedies pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance Immofor any ofit rights or remedies as to any such goods, regardless 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 order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins However, it is to he understand that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection pmecdures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase enter, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Toms. Shipments must be F.O.B., City of Fort Collins, 700 Word St., Pon Collins, CO 80522, unless acquired under federal or state antitrust laws For such overcharges minting to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and chmge sepnrstely, the original freight purchased or acquimt by the Purchaser pursuant to this purchase order. hill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufcturers have distributing points in various pans of the country, shipment is If the Purchaser direct the Seller to correct nonconforming or defective goods by a date to be agreed upon by tic expected from the nearest disrtibution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingnec to comply, the Purchaser .shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means available to it. and the Seller shall pay nit costs associated with such sank. Permits. Seller shall procure at sellers sole cost all necessary permit, certificates and licenses required by all applicable Imes, regulations, ordinances and mles of the state, municipality, territory or political subdivision where the work is perfumed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller lumber agrees to hold the City of Fart Collins hamlcs fmm and against all liability and Ins, incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. talcs and requirements. Authorization. All panics In this contract agree that the representatives arc, in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and perinrmunec must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remcdics, the option nfplacing 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 fult afneghgcmcc. such acts dGad, acts ofeivil or military authorities, governmental pnoritics, fires, strikes, flood, epidemics, wars or riots pmvidcd that notice write conditions causing such delay is given to the Purchaser within free (5) days ofthe time when the Scllcr first received knowledge thereof. In the event of any %itch 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 all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perfumed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agree to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wamnty. Thc Seller shall replace, repair or make grad, without cost to the purchaser. any defects or faults arising within one (1) year or within such longer period of time as may be proscribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance net to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of grads by the Purchaser shall not constitute a waiver crony claim under this warranty. Except as othcnviw pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany ofthe foregoing warranties or guarsi but such liability shall in no event include loss of profits 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 Icga1 terms by written change rider, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, other than legal terms, including additions to or deletions front the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affect, the amount due or the time of,wr omance hereunder. an equitable adjustment shall be made. 6. TER,MINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the gads then not shipped, subject in any equitable adjustment between the parties as to any work or materials then in ptngress pmvidcd that the Purchaser shall not be liable for any claims fen anticipated profit on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADIUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc 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 hcrebv incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result ofthe Sellers 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 wTitten consent of the other parry. 10. TITLE. The Seller wamnts fill, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in perfrancc of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nnturc resulting from the pefnrmance ofsuch work. This release shall apply seen in the event of fault of negligence of the parry, released and shall extend to the directors, effects and employees of such parry. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced, in any way, bceau%c such work is perforated or caused to be performed 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 and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in conneclion 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 after the completion of the work. In case said equipment. or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall. m its own expense and at its option. tither procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bnnkupt, make an assignment for the henefit 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. It.. GOVERNING LAW. The definitions of terms used or the interpretation ofthc agroemcnl and the rights ofall parties hereunder shall be consumed under nerd governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the seryices of Scllcm Representative(,), era the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed sad accepted, and shall, in case 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 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 sonic at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workem compensation, including occupational disease benefits, to its cmployccs 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 be done. The Seller shall also carry eoniprcheneive general liability including but not limited to, eontractunl and manniobite public liability insurance with buddy injury and death limit of at least S300.000 for any one person, S500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors. if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do ow work upon the premises of others, the Seller shall furnish the Parchawr with a cenificatc that such compensation and insurance have been provided. Such cenificatc, shall specify the date when such compensation and insurance have been pmvidcd. Such ecnificates shall specify the date when such eompenmtion and insurance expires. The Seller agrees that %itch compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINS T ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to person or property caused by or resulting from the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages, charges or cxpen%cs, whether direct or indirect. and whether to persons or pmperty to which the Purchnscr may be put or subject by reason of any act, action, neglect. omission or default on the pan of the Seller, 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, omission or default of the Seller of any of his contractors or any of its or their officers. agent, or employees as arorcm id, the Set let hereby agrees to assume the defense thereof and to defend the %ante at the Set lers own expense, to pay any and all costs, charges, attorney, fees and other expenses. any and rill judgments that may he incurred by or obtained against the Purchaser or any of its or their afficers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmperty ofthe Purchnscr, or said panics in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish 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 Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 03/2010