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HomeMy WebLinkAbout126493 SCHOLASTIC LIBRARY PUBLISHING - PURCHASE ORDER - 3212122City of �,F�or_t Collins Date: 01/18/2012 PURCHASE ORDER Vendor: 126493 SCHOLASTIC LIBRARY PUBLISHING PO BOX 3765 JEFFERSON CITY Missouri 65102-3765 PO Number Page 3212122 1 1of2 This number must appear on all invoices, packing slips and labels. Ship To: PROCESSING CENTER FORT COLLINS PUBLIC LIBRARY 256 W. MOUNTAIN AVENUE 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 2012 ANNUAL ORDER CHILDREN'S BOOKS PO COVERS THE COST 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 ll, 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 50,000.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Font. Collins, CO 80522-0580 Purchase Ordcr Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By #aNte the City of Fort Call ins is exempt fmm state and local taxes . Our Exemption Number is 11. NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry R4-6000587 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance of the wars and conditions hereof, failure or delay to Internal Retinue, Deaver, Cnlomda (Rcf. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided hcrcin or by law, failure to promptly notify the Seller in the event of n breach, the acceptance of or payment for goods himander or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the n'amntics or obligations of this purchase order and shall not be deemed a waiver of any right ofthe damage in transit. may be rctumcd to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods, regardless instaetimix from the City of Fan Collins, of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall nny purported oral modification or rescission of this purchase Oahu by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLA I M S. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne 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 new have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St.. Fort Collins, CO 90522. unless acquired under federal or state antitrust laws for .such overcharges relating to the particular goods or service otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Parchaser 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 vorione parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expMed Tram the nearest distribution point to d¢Uiuntion, and excess freight will be deducted fmm Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made firm greater distance. may cause the work to be performed by the mod expeditions means available to it. and the Scllcr shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cast all necessary pennies, certificates and licenses required by all applicable Imes, regulations. ordinances and rules of the state municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an oxscled or established violation of any such laws, regulations, ordinances. ales and requirements. Authoriration. All parties to this contrd agree that the representatives are, in fact, bona fide and possess fall and complete authority to bind said parties. 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 hcrcin by reference. Any additional or different Icrms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance 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 of partial late deliveries, shall opemtc as o waiver of this pmvikina. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts of God, acts ofeivil or military mnhorities, governmental priorities, fires. smices, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchascr within five (5) days ofthe time when the Seller first 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 ofthe 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 pnfnrmed with the highest degree of cam and competence in accordance with accepted standards for work of n similar nature. The Seller agrees to hold the purchaser harmless fern any loss, damage or expense which the Purchase may suffer or incur on account ofthe Scllcrs breach of wamnry. The Seller shall replace, repair or make good, without cost to the purchaser, any defeats or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of nny applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to he prom senably delayed), resulting from imperfect or defeerivc work date ar materials furnished by the Seller. Acceptance or use of gaud by the Purchascr shall not constitute a waiver ofany claim under this warranty. Fixcept ns otherwise provided in this purchase order, the Scllns liability hereunder shall extend to all damages pensimntely caused by the breach of any ofthe foregoing warranties or gla maces, but such liability shall in no event include loss of profits or lacy Otiose. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchaser may make changes to legal terms by written change Order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams. other than legal rams, including additions to or deletions from the quanfitics originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperibre ance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchascr may at any time by written change order. ultimate this agreement as to any Or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchascr shall not he liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that ern such adjustment be made in favor of the Seller with m%pect to any guests which arc the Scllcrs standard stock. No such termination shall relieve the Purchascr ar the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm 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 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 required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchascr hamdcm from all costs and damages suffered be the Purchascr as a result ofthe Sellers failure to collide 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 of,hc other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchascr for all equipment, materiak, and items famished in performance of this agreement free and clear of any and all liens restrictions, reservations, security interest encumbrances and claims ofothers. The Seller shall release the Purchascr and its eontmdars of any tier from all liability and claims of any nature resulting fmm the performance ofsach 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 ofmch party. The Sellers contractual obligations, including wmmnty, shall not he deemed to be reduced, in any one. hecamse such work is perforated or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmecss covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchascr Farm 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 Purchascr for any cost, expense or damage which it may he obliged to pay by reason ofsuch infringement at any time during the pmseculion 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 suit held to constitute 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 Purchascr the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or madify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the hcncfit of creditors, appoint a receiver or tmstce for any of the Sellers property or business. this order may forthwith be canceled by the Purchascr without liability. Ib. GOVERNING LAW. The definitions oftcmis used or the interpretation ofthe agreement and the rights of all parties hereunder slmll be columned under and governed by the laws ofthe Stale of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Represen,elive(s), on the prcmiws ofothcm. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the mac is fully completed and accepted, and shall. in case of any accident, daatac,ion or injury to the work and/ear materials before Seller's final completion and acceptance. complete the work at Seller's own expense and to the satisfaction of the Purchascr. When materials and equipment are famished 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 such materials and/or equipment were being famished by the Seller under the order. IR. 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/er to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of no least S VHk000 to, any one person, S50o,000 for any one accident and property damage limit pre 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 any .work upon the pamises ofethers, the Seller shall famish the Purchascr with a cef ificmc that such compensation and insurance have been provided. Such cenifmcates 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 he maimnined until after the entire work is completed and ncecp,c 1. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assnmcs the entire responsibility and liability for any and all damage, loss or injury of any kind or nature oftrumever to persons or property caused by or resulting fmm the execution ofthe work provided for in this purchase order or in connection hcrexri,h. The Seller will indemnify and hold hamlcss the Purchascr and any or all of the Purchasers oRcers, agents and employees fmm and ngn ins, any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any net. action. neglect. omission or default on the pan of the Seller, any of his contractors, or any of the Sellers Or contractors officers, agents ear employees. In case any snit or other proceedings shall be brought against the Purchascr, or its affects, 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 oRecrs, agents or employees as afmcsaid, the Seller hereby ngrecs to assume the defense thereof and to defend the same at the Sellers own expense, to pay myroad all costs, charges, attorneys fees and other expenses, any and all judgments that may be insured by or obtained against the Purchaser or any of its or their officers., agents or cmployccs in such suits or other pmcecdings, and in case judgment or other lien he placed upon or obtained against the property of the Purchascr, or said panics in or as a result of such suit 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 rules and regulations issued pursuant thereto. Revised 03/2010