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HomeMy WebLinkAbout301247 MIDWEST TAPE LIBRARIANS VIDEO SOURCE - PURCHASE ORDER - 3212127City of Fort Collins Date: 01/2012012 PURCHASE ORDER Vendor: 301247 MIDWEST TAPE LIBRARIANS VIDEO SOURCE PO BOX 820 HOLLAND Ohio 43528 PO Number Page 3212127 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: 01/19/2012 Buyer: DAVID CAREY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED, DURING THE CURRENT CALENDj YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT,A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOOD AND/OR SERVICES. Line Description / Quantity UOM Unit Price Extended Ordered Price 1 2012 ANNUAL ORDER AUDIO & VISUAL MEDIA PURCHASES PO TO COVER THE COST OF DVD'S, c3. o%'lA:ses� 1 LOT LS AND SERVICES 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 11, 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 statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER. 98-(W502. Federal Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39.26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the cvcm of a breach, the acceptance ofor payment for goods hereunder or approval of the 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 warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of wrinen purchaser to insist upon strict performance berenfor any of its rights or remedies as to any such goods, rcgnrdlcss instructions Form the City of Fort Collins. of when shipped, received err 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 Inspection. GOODS arc subject to the City of Fen Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this aide, can resat in 12. ASSIGN M ENT OF ANTITR UST CLA I M& authorized payment on the pin of the City of Fen Collins Howcvcr, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, marcharges resulting from antitrust ACCEPTANCE is dcperdent upon completion ofall applicable required inspcetion procedures, violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby nodgns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fen Collins. 700 Wood St., Fen Collins CO 80522. unless acquired under federal or state antitrust laws 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 manufechrrem have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or detective goods by a dote to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when Purchaser and the Seller, and the Seller thercntter indicates its inability or unwillingness 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 ns,.i.tcd with such work. Permits. Seller shall procure at sellers who cast all neecssary Permits, certificates and licenses required by all applicable laws. 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. Scllcr further agrees to hold the City of Fen Collins harlec from and against all liability and loss incurred by them by mason of an asserted or established violation of any such laws, regulations, ordinances. talcs and requirements. Authorfmtion. All panics to this contract agree that the dirmsentativcs arc, in fact, bona fide and possess fill 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 tans and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rcicckd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised 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 arched hereto. No acts of the Purchasers including, without limitation, acceptance ofpemial late deliveries. shall operate as a amivcr ofthis provision. In the event efany delay. the Purchaser shall have, in addition to other legal and equitable remedies. the option ofpincing this order elsewhere and holding the Seller liable for damages. Howcveq 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 fault ofncgligeacc, such acts of God, acts of civil or military authorities, governmental priorities, fires strikes. Bond, epidemics, wmrs or riots provided that notice ofthe 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 be extended for the period equal to the time actually lost by reason of the delay. J. WAR RANTY. 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 performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless fmm any Ions, damage or expertise which the purchaser may suffer or incur on account of the Sellers breach of warnty. The Seller shall replace, repair or make good, without cost to 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 terms of any applicable wun at ry provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as other, ise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by The breach of any of the foregoing warm mics or guarantees, 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 legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrinen change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchase, may at any time by written change order. terminate 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 Purchase, shall nut be liable for any claims for anticipated pmflts 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 Set lei with respect to any good which are the Sellers .standard stock. No such redo i na lion shall relieve the Purchaser or the Set lei of any of their obligations as to any goods delivered beret, offer. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (70) days fmm the date the change or termination is mdem,L R. COMPLIANCE WITH LAW. The Seller warrants that all cads sold hereunder shall have been produced, sold. delivered and furnished in strict compliance with all applicable laws and regulations to which the gads are subject The Seller shall execute and deliver such documents is maybe required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc 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 of the Scllcrs 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 written consent of the other pray. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, face 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 tier front all liability and claims of any nature resulting from the performance of weh work. This rcicase shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oicers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced. in any nay, because such work is performed or caused in he performed by the Purchaser. 14, PATENTS. Whenever the Seller is required m uw any design, device, material orprocess covered by letter, patent, trademark or copyright. the Scllcr shall indemnify and save hamrless the Purchaser from any nod all claims for infringement by reason of the use of sash pmemed 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 ofthe work. In case said equipment, or any pan thereof or the intended use ofthe 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 Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nnninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmsrce for any of the Sellers property or business, this order may forthwith be canceled by the Puchaser without liability. 16. GOVERNING LAW. The definitions oftemrs used or the interpretation ofthe agreement anti the rights of all parties hereunder shall he constrood under and 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 services of Sellers Reprewntative(s), on the premises ofethers. 17. SELLERS RESPONSIBILITY. The Seller .shall carry on said work at Scllcrs own risk until the same is fully completed and accepted, and shall, in eau of any accident, deatmction or injury to the work and/or materials before Scller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc 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 such materials and/or equipment were being furnished by the Scllcr under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of wmkcm compensation. including occupational disease benefits. to its employees 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 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, S50KT(W for any one accident and pmperw 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 any .York open the prcMus of others, (he Seller shall famish the Purchaser wirh a certificate that such compensation and insurance hive been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when .such compensa ino and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until anet the entire work is completed and ncccpted. 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 proNdy caused by or resulting From the execution ofthe work provided for in this purchase order or in connection beams, ith. The Seller will indemnify and hold hamrless the Purchaser and any or all of the Purchasers effects, agents rand employees from and against any and all claims, Insses. damages, charges or expenses, whether direct or indirect, and whether to persons or Property to which the Purchaser one he 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 conhamors officers. agents or employees. In eau any suit or other Proceedings shall be brought against he 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 tlmir effects, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thcreef and in defend the same m the Sellers own expense, to pay any and all costs charges, attorneys fees and other expenses, any and all judgments that may be inconcd by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in cow judgment or olher lien be placed upon or obtained against the property ofthe Purchaser. or .said parties in or as a result nfsuch snits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr 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 e. Icty including, but without limitation, the Occupational Safety and Hcahh Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010