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HomeMy WebLinkAbout127039 R R BOWKER LLC - PURCHASE ORDER - 3212121City of �„,.6rt Collins Date: 01118/2012 PURCHASE ORDER Vendor: 127039 R R BOWKER LLC PO BOX 630014 BALTIMORE Maryland 21263-0014 PO Number I Page 3212121 1 of This number must appear on all invoices, packing slips and labels. Ship To: PROCESSING CENTER �� FORT COLLINS PUBLIC BRARY 256 W. MOUNTAIN AVEiUE FORT COLLINS Colorado 80521-2 Delivery Date: 01/18/2012 Buyer: DAVID CAREY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED, DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description / Quantity UOM Unit Price Extended Ordered Price BIBLIOGRAPHIC INFO SERVICES ACCESS 2012 ANNUAL ORDER PO COVERS THE COST OF 1 LOT LS AS ORDERED/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 40.000.00 Total 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local nixes. Our Exemption Number is 98-04502, FedemI Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Rcvcnuc. Denver, Colorado (Ref. Colorado Revised Statutes 1073. Chapter 39 26, 114 (a). Goods Rejected. GOODS REJECTED due to Lailam to meet specifications, tither when shipped or due to defects of damage in transit. may he returned to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fun Collins. Inspection. GOODS arc subject to the City of Fort Collins inspectinn on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfomanee 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 urn breach, the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release the Seiler 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 h mefor 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 part of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from mounst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact borrow by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, NX) Wood St, Fort Collins, CO 90522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country. shipment is If the Purchaser directs the Seller to correct nonconforming or defcclive goods by a date to be agreed upon by the expected from the nearest distribution point to destination. and excess (might will be deducted From Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made farm greater distance, may cause the work to be performed by the most expeditious means available to it. and the Seller shall pay all costs associated vvith such work. Permits. Seller shall procure at sellers sole east all necessary, permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state. municipality, territory or political suMlivision where the work is perfomed, or required by any other duly constituted public authority having jurisdiction over the work of vendor Scllcr further agrees to hold the City of Fort Collins hamlcs form and against all liability and loss inemmd by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this colonel agree that the representatives arc. in fact, Mara tide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits accepanee to the terms and conditions stated herein tut 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 ire objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arivc no your promised delivery date as noted. Time is of the essence. Delivery and perfomanee must he 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 army 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 arc beyond its reasonable control and without its fault ofnegligence. such acts ofGod. acts ofcivil or military authorities, gror"'ntal priamies, fires, strikes, flood, epidemics wars or riots 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 of any such delay, the date of delivery shall he 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 he 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 Seiler agrees to hold the purchaser hamles from any loss, damage or expense which the Purchaser nary suffu or incur on account of the Sellers breach of warranty. The Scllcr shall replace, repair or make good, without cost to the purchaser. any defects or firults arising within one (1) year or within such longer period o1' time as may be prescribed by law or by the Isms of any applicable warranty provided by the Seller after the date of acceptance of the goods fumixhed hereunder acceptance not to be unreasonably dclayc ll, resulting from imperfect or detective work done or materials furnished by the Seiler. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty, Except as othcneisc provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmsimmely caused by the breach of any of the foregoing wamnties or guarantees, but such liability shall in no event include Iola of profts 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 legal Icons by written change order. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions In or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change offer, If any such change affects the amount due or the time of perfnrmrncc hcrcnndo, an equitable adjmtnunt shall he made. F. TERMINATIONS. The Purchaser may at any time by wTR en change order, terminate this agreement as to any or all poninns of the good then not shipped, subject to any equitable adjustment between the panics ns to any work or materials then in progress, provided that the purchaser shall not be liable for any claims far anticipated profits on the unccuumlded portion of the goods and/or work, for incidcntil or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of fl cir obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be awned within thirty (30) drys farm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW, The Seller wamnts that all good sold hereunder shall have been produced, said, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as maybe required to effect or evidence compliance. All Imes and regulations required to he incorporated in agreements of this character art hereby 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 Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller wamnty full, clear and umcstricted title to the Purchaser for all equipment materials, and items furnished in perfomanee of this agreement, free and clear of any and all liens, restrictions, resen'unions. .security interest encumbrances and claims of others. The Seller shall release the Pnrchascr and its contractors of any tier from all liability and claims of any nature resulting from the perfomanee of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. effects, and employees of such pany. The Sellers conricleal obligations, including wamnty, shall not he dccmcd to be reduces, in any way, hnaiiw 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 Ieocr. patent. trademark or copyright, the Seller shall indemnifv and save hamlcss the Purchaser from any and all claims for infringement by reason of the use of such 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 after the completion of the work. In ease said equipment. or any pan thereof or the intended use of the goods is in such suit held to constitute infringement and the use of maid 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 parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If file Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllcrs property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW, The d6mliuns of tema used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be consumed under and govemed by the laws ofthc State of Colorado, USA. The following Additional Conditions apply only in cases whom the Seller is to perform work hereunder, including the services of Setters Reirmsentative(s), on the premises of otlars. 17. SELLERS RESPONSIBILITY. The Seiler shall carry on said work at Sefer's own risk until the same is fully completed and accepted. and shot[, 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 Sellcr's own expense and to the satisfaction of the Purchaser, When materials and equipment are furnished 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 each materials and/or equipment were being furnished by she Seller under the order, 18, INSURANCE. The Seller shall, at his own expense. provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/err to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and death limit of at least S300.000 for any one person. 5500,170) for any one accident and pmperiv damage limit per accident of S400,000. The Seller shall likewise mquire his contractors 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 famish the Purchaser with a eertifemc that such compensation and insurance have boon provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller 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 assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection harewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers offfccrs, agents and employees from and against any and all claims, losses. damages, charges or espouses. whether direct or indirect. and whether to persnas or propcny to which the Purchaser cony 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 Scllcrs or contractors officers, agents or employees In etc 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 any act, action, region. omission or default of the Seller of any of his contractors cr any of its or their affects, agents ar employees as aforesaid. the Seller hereby agrees to assume The defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pal of the Purchaser. or said panics in or as a result of such suits or other proceedings the Seller will al once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards ncecssiry for The prevention of accidents. comply with all laws and regulations with regard to safely including, but without limitation, the Occupational Safetyand Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 0312010