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HomeMy WebLinkAbout489143 AMIGOS LIBRARY SERVICES - PURCHASE ORDER - 9123652City of Frt Collins Date: 06/2012012 Vendor: 489143 AMIGOS LIBRARY SERVICES 14400 MIDWAY ROAD DALLAS Texas 75244 PURCHASE ORDER PO Number Page 9123652 t of 2 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: 06/20/2012 z Buyer: DAVID CAREY Note: Line Description Ouplity UOM Unit Price Extended Ordered Price AIRS Renewal 2012-2013 /1 LOT LS 10,000.00 Per Invoice# 247246 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 Total $10,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tertns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stannic the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0,1502. 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 tarns 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 lam, failure to promptly notify the Seller in the event of a breach. the acceptance of or payment for goods hereunder or approval ofthc 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 waramics or obligations of this purchuse order and shall not be deemed a waiver of any right Of the damage in transit, may be munnal to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict perfommnee hereof or any of its rights or remedies as to my such goods. regardless in,mwtions from the City of Fort Collins. Of when shipped, received or accepted as to any prior or subsequent default hereunder, nor shall any purported unl mndificntinn or rescission of this purchase order by the Purchaser operate is 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 order can result in 12, ASSIGNMENT OF ANTITRUST CLAINTS. authorized payment on the pan 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 antimr,t ACCEPTANCE is dependent upon completion ofall applicable required inspection pmeedums. violations are in fact bume by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller herby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.P.. City of Fort Collins. 700 Wood St.. Fort Collins, CO 80522, unless acquired! under fcdeml or state antitrust Imes for such ovecharges relating to the particular goods or services otharx'ise 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 defective goods by a date to be agreed upon by the expected front the Poorest distribution point to destination, and excess freight will be deducted fmnm Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made Form greater distance, muy cause the work to be perforated by the most expeditions means available to it and the Seller shall pay all costs r„ocimcd villa such work. Permits. Seller shall procure at sellers sole cost all necessary permits, ecnificatcs and licenses required by all applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision where the work is performed, or requited 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 assrncd 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. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tarts and conditions stated herein ,d fanh and Pay supplementary or additional tames and conditions annexed hereto or incorporated herein by reference. Any additional or different Icon, and conditions pmposed by sdlcr am 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 he effected within the time stated on the purchase order and the documents attached harem. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal rand equitable remedies, the option of piecing this order clscwhcte and holding the Seller liable for damages However, the Seller shall not be liable for damages as a result of dclays due to causes not reasonably foresecable which arc beyond its reasonable control and without its fault ofucgligence. such act, of Gad, as of civil or military authorities, governmental priorities, fires, strikes, Bind, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Pumhasa within five (5) days of the time when the Seller first received k..Iad.e thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually last 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 donvings, specifications, samples and/err ether descriptions given, will be fit far 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 bald the purchaser harmless from any loss damage at expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser. any defects or faults arising within one (1) yen, or within such longer period of time a may he prescribed by law or by the terms of any applicable warranty provided by the Seller afar the data of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting front 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 otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the furcgoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCH A NITA BILRY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CH A NGES IN LEGA L TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL T'ER MS. The Purehascr may make any changes to the Pairs, other than legal !cons, including additions to or deletions from ,lac quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of perilormancc hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. 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 to any equitable adjustment between the panics as m any oOrk or materials then in progress provided that the Purehascr shall not be liable for any claims fro anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Scllcr with respect to any gaud which arc the Scllcrs standard stock. No such moon inmion shall relieve the Purchaser or the Seller of any of their obligations as to any gaols delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within !hint (30) days from the date the change or tcmminntion 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 good arc subject. The Seller shall execute and deliver such documents as may be required In affect orevidence compliance All laws and regulations required to be incurpomted in agreements of this character are hacby 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 Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due at to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller w'amnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement fine and clear of any and all liens, restrictions, reservations. scanty interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall npply can in the event of fault of negligence of the par- rclea ed and shall extend to the dinetom efiecrs and employees ofsech parry. The Seller', contractual obligations, including warm my. shall not be deemed to be reduced, in any way. hecause such work is performed or caused to be performed by the Puehoser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by latter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all chunv for infringement by reason of the use of tech 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 pry by reason of such in0ingetnent at any time during the prosecution or after the completion of the work. In case said equipment, or any par, thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of mid equipnent or part is enjoined, the Seller shall, at its own expense and at its option, either pmeurc 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 nomnfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmsuce for any of the Sellers property or business, this order may forthwith he canceled by the Purehascr without liability. 16. GOVERNING LAW. The definitions ofuraws used or the interpretation of,he agreement and the right, of all panics hereunder shall be constmod under and governed by the Imes odlhc State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the scrvias OfSellers Repesenouive(s), on the promises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scller's own risk until the same is fully completed and accepted, and shall, in ease of any, accident, destruction or injury to the work and/or materials before Settees final completion and acceptance, complete the work at Settees 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 more at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense. provide for the payment of workers compensation. including occupational disease benefit,, to its employees employed on or in connection with the work coverts by this purchase order. ,and/or to their dependents in accordance with the Ins:s Of the state in which the work is to be done The Seller shalt also carry aurpachensive gacml liability including, but not limited to, contractual and automobile public liability insurance with hedily injury and death limits of tut least S300.000 for any one person, S50L(i for any erne accident and property damage limit per accident of S400,000. The Seller shall likowiec require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors enipinyces shall do any work upon the premises of ethers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Such ceni Gcates shall specify be date when such compensation and insurance expires. The Seller agrees that such eanpenwtion 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 vhnsucvcr to persons or pmperty emacd by or resulting from the cxccution fthe work provided for in this purchase onder or in connection herewith. The Seller will indemnify and hold hamaless the Purchaser and any or all of the Purchasers olT¢crs, agents and employees from and against any and ill 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, emission or default on the part of the Seller, any of his contractors, Or any of the Scllcrs or contractors officers, agents or employees. In ease any suit or other pmcecdings shall be brought against the Purchaser. or its officers. agents or employees many time on account or by reason of any act. action, neglect, omission or default of the Seller of any of his eonrmcturs or any of its Or their oRcem, agents Or employ'ecs as aforesaid, ,he 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 expertscs, any and ill judgments that may be incurred by or obtained against the Purchaser or any of its or their omccrs, agents or cmployevs 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 slid panics in or as a result of such suits or ether pirccodines, the Seller will at once cause the same to be dissolved and discharged by giving bond orotheneiec. The Seller and his crntncwrs shall take all safety prerutions, famish and install all grinds necessary for the prevention of ,accidents. comply with all Imes and regulations with regard to safety including, but wilhmrt limitation, the Occupational Safety and health Act of 1970 and all tries ind regulations issued ponu mt thereto. Revised 03/2010