HomeMy WebLinkAbout203943 3M LIBRARY SYSTEMS - PURCHASE ORDER - 9117674City of
Fort Collins
Date: 12/29/2011
Vendor: 203943
3M LIBRARY SYSTEMS,
PO BOX 33682
ST. PAUL Minnesota 55133-3682
PURCHASE ORDER
PO Number I Page
91,17674 ? of 2
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: 12/29/2011 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered -Price
1 Materials Handler/Sorter Sys. 1 LOT LS 199,335.00
for Library District
Price, Schedule, and Terms and-C-o-nFirid-nsper Sales Agreement
for award of City of Fort Collins RFP# 7296, Ming on behalf of the Poudre River Public Library District.
Total $199,335.00
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
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. COMMERCIALDETATLS.
Tax exemptions. By statuic the City of Fart Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a).
Goods Rejected. GOODS REJECTED due to failmc to meet specifications, either when shipped or due to defects of
damage in transit. may be returned to you for credit and arc not to be replaced except upon receipt of wrincn
instructions from the City of Fort Collins. •'
Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival.
11. NONWAIVER. ,
Failure of the Purchaser to insist upon mitt performance of the terms and conditions heecof, failure or delay to
exercise any rights or remedies provided herein nr by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe desie ,Shall not relent the Seller of
any of the xsarmntics or obligations of this purchase order and shall not be deemed a waiver of any Tight 'of the
purchaser In insist upon strict performance hereof or any of its rights or mmed ics as to any such goods, regordlesa
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
and modification or rescission of this purchase order by the Purchascr 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 an the part of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all 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 assi as to the Purchaser an and all I ' 't I h h fl
Freight Terms. Shipments must be F.O.B.. City of Fort Collins. 700 Wood St.. End Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance Where manufacturers have' distributing points in various pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments arc made from greater distance
Permits. Seller shall procure at scllors sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations. ordinances and mlcs 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 lumber agrees to hold the City of Fart Collins harmless from and against all liability and lots
incurred by them by mounin of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authorization. All panics to this contract agree that the representatives are, in fact, berm fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set fenh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different ictms and conditions proposed by seller am objected to and hereby rcjcdcd.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date m noted. Time is of the essence. Delivery and performance must be effected within the time
stated' an the purchase order and the documents attached hereto. No acts of the Purchascr including, without
limitation, acceptance ofpanial late deliveries, shill operate as a waiver ofthis prevision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies: the option ofplazing this order chicwhere
and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays
due to causes not reasonably famsecablc which am beyond its reasonable control and without its fault of negligence,
Such acts of God, acts ofcivil or military authorities, governmental priorities. Gres, strikes, flood, epidemics, aars 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 deliscry shall be
extended for the period equal m the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all galls, articles, materials and work covered by this order will canfonn with applicable
dmwings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of cam and compct<nec in accordance with accepted standards for work of a
similar nature. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchascr may suffer or incur on aceoum of the Sellers breach of warranty. The Sella shell replace, repairer make
good, without cost to the purchaser, any defects of faults arising within one (1) year or within such longer period of
time as may be prescribed by Iry or by the terms of any applicable warranty provided by the Seller slier the date of
acceptance of the gads fumishod hereunder (acceptance not to he unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Sella. Acceptance or use of good by the Purchaser shall not
constitute a waiver ofany claim under this warrumry. Except as otherwise provided in this forebode order, the Sellers
liability hereunder shall amend to all damages proximately caused by the broach ofany of the foregoing aromatics
or guarantees, but Such liability shall in no event include loss of profits at 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 gems, other than legal terms, including additions to or deletions from
ncc quantities originally ordered in the Specifications or drawings, by vcrbol or a-rinen change order. If any such
change affects the amount duc or the time ofperformance hereunder, an equitable adjustment shall be made.
h. TERMINATIONS.
The Purchascr may at any time by written change order, terminate this agreement as to any or all portions of the
good then not shipped, subject to any equitable adjustment wevcan the panics as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated Profits on the uncompleted
inaction of the gads and/or work, for im idantal at consequential damages, and that no such adjustment be made in
faro, of the Seller with respect to any goods which am the Sellars standard stock. No Such nomination shall relieve
the Purchascr or the Sella ofany oftheir obligations as to any gads delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Scllcr 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 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 harem by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchoset as a result of the
Scllcrs failure to comply with such Iaw.
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 party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbmnees and claims of others.
9 . y c arms I may no, ova or area cr
,acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchascr directs the Seller to correct nonconforming or defective gads by a date to be agreed upon by the
Purchaser and the Seller, and the Scllcr thereafter indicates its inability or unwillingness to comply, the Purchascr
may cause the work to be performed by the most expeditious reconc,available mil,. and the Seller shall pay all
costs nssmiatcd with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
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 ofsuch party.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any any, because
such work is performed or caused to be performed by the Purchaser.
14, PATENTS.
Whecever 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 pencess in connection with the contract, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or aflcr 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 Procter for the
Purchaser the right to continue using said equipment or pans, replace the mine with substantially equal but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment far the bereft of credimrs, appoint a
receiver me trustee for any of the Sellers property or business, this order may fonhwith be canceled by the
Purchascr without liability.
Ih. GOVERNING LAW.
The definitions aftcrms used or the inlerprciation afthc agreement and the rights ofall panics hereunder shall be
construed under and governed by the Imes of the 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 Representatiec(s), on the premises ofothcm.
17. SELLERS RESPONSIBILITY.
The Scllcr shall carry on said work of Seller's own risk until the same is fully completed and accepted. and shall,
in cast of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Sclleis corn expense and to the Satisfaction of the Purchaser. When materials
and equipment arc fumisbcd by others for installation or erection by the Sella, 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.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment ofworkers compensation, including occupational
discioe 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 lows 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 at least S300,000 fro any one person, S500,000 for any
one accident and property damage limit per accident of S40000. The Seller shall likewise requim his
contractors, if any, to provide fro Such compensation and insurance. Before any of the Scllcrs or his contractors
employees shall do any work upon the premises ofothers, the Seller shall furnish the purchaser with a aaificam
that Such compensation and insurance have been 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 ofany kind
or nature whatsoever to persons ar property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify, and hold hrmlcss the Purchaser and any
at all of the Purchasers officers, agents and employees from and against 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 act, action.. neglect, omission or default on the pan of the Seller, any of his
connectors, or any of the Sellers or connectors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchascr, or its officers, agents or employees at anytime 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, agents or employees as aforesaid, the Seller bacby agrees to assume the defense thereof and to
defend the mmc 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 property of the Purchaser, or Said panics in or as a result ofsuch suits or other proceedings,
the Seller will nt once cause the some to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, furnish and install all Stands necessary for the prevention of
necidenis, 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 032010