Loading...
HomeMy WebLinkAbout519030 STORYFORGE C/O MARGARET DENNIS - PURCHASE ORDER - 9142211Fort Collins Date: 04/18/2014 Vendor: 519030 STORYFORGE c/o MARGARET W DENNIS 315 WHEDBEE ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9142211 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PUBLIC LIBRARY (MAIN) 201 PETERSON ST FORT COLLINS CO 80524-2990 Delivery Date: 04/18/2014 Buyer: DAVID CAREY Note: Line Description WU411"`y UOM Unit Price mmenueu _ Ordered Price I Extend Grant Writing Services 1 LOT LS 15,000.00 Per Agreement dated 08/05/13 and Renewal Memorandum dated 01/08/2014. Service Provider: Margaret W. Dennis, dba StoryForge. Terms, Conditions, Compensation, and Scope of Services per Poudre River Public Library District Professional Services Agreement effective August 5, 2013. Replaces PO# 9140306. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fart Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com Total Invoice Address: 1 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sale and local taxes. Our Exemption Number u 98-04502. Federal Excise Tax Exemption Cenifcam, of Registry ga6000587 is registered with the Collector of Internal Revenue. Deaver. Colorado (Ref. Colordo Revised Summers 1973, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for crom and are not to be replaced except upon receipt of written instructions form the City of Fog Collins. Inspection. GOODS ere subject to the City of Fort Collins inspection on consul. Final Acceptance. Receipt of the merchandise, Services or equipment in response to this order ca .all in authorised payment on the pan of the City of Fart Collins. However, it is m be understood that, FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tema. Shipments most be EO B., City of Fan Collins, 90) Wood Sr., Fog Collins, CO 80522, unless otherwise specified on this order. if peemissioa is Riser to prepay freight and charge Supremely, the original freight bill most accompany invoice. Additional charges for packing will not be acecpted. Shipment Distance. Where manufacturers have distributing points in us parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Shipments are made form gene, distance. Pemtits. Seller shall passage am seller sole cost all nece-.ury permits, ttnificates and licemu required by all applicable laws, regulations, ordinances and rules of the same, municipality, territory or political subdivision where the work is Performed, or required by any other duly cautioned public authority having jurisdiction over the work of vendor. Seller Fargo,.gees to hold the City of Fog Collins haggles, from and again, all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and em.ru6. Audemalion. All panics to this contract agree dot the reprnsenmtives are, in fact. bow fide and possess full and complete authority to bind said parties. LIMITA3'ION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions soled herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or di116rent terns and conditions proposed by seller are objected to and hereby ejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is argue essence. Delivery and performance must be, effected within the time stated an the purchase order and the documents attached herein. No acts of the Purchasers including., without limitation, acceptance of p.gi.1 late deliveries, shall operate as a waiver of Nis provision. In the event of any 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 Out be liable fro damages m a result of delays due no causes not reasombly foreseeable which aR beyond its reasonable control and without its fault of negligence, such arts of Gad, acts of civil or military authorities, Barommrnol prionties, fires, strikes, Rood, 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 I the even of any such delay, the date of delivery shall be extended for the period eqml to the time actually last by reason of the delay. 3. WARRANTY. The Seller wartanIs the all Fault, ani/o, remenals and work covered by this ardor will coMmin with applicable drawings, specifications, samples and/or other descriptions given, will be fl For the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for wotk of a similar nature. The Seller agaves W bold the purchaser homeless from any loss, damage or expense which the Purchaser may sufferor incur on account of the Seller breach of ugraraty. The Seller shall replace, repair or make good, without cut to the puncher, my defects or faWW arising within one (1) your or within such longer period of time m may be poco abed by law or by the terms of my applicable w'm orty porsided by the Seller after the date of acceptance of the goods famished hereunder (resign. not ra he unreasonably delayed), resulting from imperfect or defective work done or mateials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this memory. Except as otherwise provided in this purchase order, the Sellers liability hemandre shall extend to all damages proximately caused by me breach of any of the foregoing wananties or gmmantees, 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 women change order. 5. CHANGES IN COMMERCIAL TERMS. The Perhmre may make any changes to the tern., oMer Jun legal terms, including addihons to or deletions fincom the quantities raWivally ordered m the specifications or drawings, by verbal or written change order. Harry such change affects the.mom, due or the time of perfommnce hereunder. ern equitable o1junmmt shall be made. 6. TERMINATIONS. The Purchaser may as any time by wdnen change omet, term erne this agreement n W any or sell portions of the goods Neer Out shipped, subject to any equited, adjustment between the parties ss to any work or materials them to progress provided sat the Purchaser shall rut be liable for my claims for anticipated profits on the uncompleted portion of the goods Smite work, for incidental or ro yumtial damages, and that m such adjustment b, made in favor of the Seller with respect to any goods which ere the Sellers stmdard stock. No such mmiwring shall relieve the Purchaser or the Seller of any of their obligations u to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for eljumrcnt most be asserted within thin (30) days from the date the change or termingers is ordered. 8. 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 regulatiom to which the goa[s are subject. The Seller shall execute and deliver such documents as may he required] to effect or evidence oompliews. All laws and regulation required to be incorporated N agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold Ore Purchaser has mess from all tests and damages sufl2red by the Purchaser as a resin, of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, greater, or convey this order, or my monies due or to become due hereunder without the Prior wtinm consent of the ether pan. 10, TITLE. The Seller warrants full, clear and unrestricted tide to the Purcher for all citipmrnL materies, and Or. fiunished in perfneence of this agreement, free and clear of any and all liana, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the purchaser to imist upon sbriet performance of the temp snd conditions hereof, failure or delay to exercise any righ. or remedies provided herein or by law. failure to mentally notify the Setter in the evenl of a breach, the acccpNatt of or payment for goods bereuMer or approval fthe design, shoe] tut release the Seller of any of the wa ronties or obligations of this purchase order and shall not be doemed a waiver of troy right of the purchaser m insist upon strict performance hereof or any of its rights or remedies u to any Such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, Our shall any Imported oral modification or rescission of this pumbas order by the purchaer operate as a waiver of any of the temp hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise that in armed economic practice, overcharges resulting from assume violations are in fact home by the Purchaser. Theretofore, for good cause and as emrsideration for excee ing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may anw have or heaame, acquired under fNem1 or state singer laws for such overcharges misting in the particular goads or sen'ices pur insect or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direcls the Seller to correct amumfomting or defective g.a& by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchase, may cause the work to be perfotmol by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall mime the Purchaser and its contractors of any tier from all liability and claims of any name mauling from the performance ofsuch work. This release shall apply over in the event of fault of negligence of the parry released and shall extend to the direcro., oRcers and employees of such parry. The Sellers comrazmml Obligations, including warranty, shall tut be deemed in be reduced, in any way, becouse such work is performed or caused no be performed by the Purthr. 14. PATENTS. Whenever the Seller is aWorN to use any design, device, material or proom covered by letter, Patent, uademark Or copyright, the Seller shall indemnify and save harmless the Purchase from my and all claims for infrngement by avuwn of the ace of such panted design, device. rwtrial or process in connecting with the contract, and shall indemnify me Purchaser for my 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 case said equipmmL or any pan thereof or the intended use of the goods, is in such suit held W constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either pmcme for the Purchaser the right to continue using said equipment or paw, replace the same with substantially equal but noninfdnging equipment, or modify it so it becomes noninGngung. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make as minoring fir the benefit of creditors, appoint a receiver or image for any of the Sellers property or business, this order may forthwith be canceled by the c Pu hase, without liability. 16. GOVERNING LAW. The definimions of terms nN or the inte tancerm aflbe agreement and Ne rights of all parries hereavder shall be conuued under and governed by the laws ofthe State ofColomdo, USA. The following Additiend Conditions apply only in cases where the Seller is as perform work hereunder, including the ervices of Sellers Repmsentnive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall curry an said work at Sellers own risk until the same is fully completed and sompred, and shall, in case of my accident, destruction or injury to the work md/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Pmchsser. When materials and equipment are fumided by others for installation or erection by the Seller, the Sella shall receive, unload, sue and handle same at the site and become responsible therefor in though such materials augur equipment were being fumuhed by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expemc, provide for the payment of workm compewation, including am patione disease benefits, to its employees employed on Or in connection with the work covered by this purche order, and/or to their dependents in accordance with to lows of the state in which the work is to be done. The Seller shall also carry comprehensive gewml liability including, but Out limited ter, conarmnol and automobile public liability inurome with badly injury me death time. of so lesst 5300,00o for my one harmer. S500,000 for any one accident and proper, damage limit per accident of ScID1000. The Seller Shall likewise reeryim his mntmctors, 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 Purchow, with a ontificam that such compensation and imumnee have been pmvided. Such eenifcaes shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and imumnee expires. The Seller ogees the Such con, rwtioa and insurance shall be maintained until after the entire work is completed and mttped. 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 whensoever to persons or property caused by or resulting from the execution of the work provided for in Nis purchase order or in connection herewith. The Seller will indemnify and hold hornless she Purchaser and my r all of the Purchasers officers, agents and employees from and again, my and all chins, lasses, damages, charges o expresses, whether dies, or indrawn, and where, m persons Or pmpetty m which the Purchaser may be put or subject by reason of my act, action, neglect. waroom or default on the pan of the Seller, my of his cammctars, or my of the Sellers or contractors officers, agents or employees. In case my sari, or other proceedings shall be brought against the Purchners or its officers, agents or employees at any time on account or by reason of my act, action, neglect, omission or default of the Seller of my of his comments or any of its or their of icers, agmis or employees n aforesaid the Seller hereby agrees to assume the defense thereof and to defend the same at the Seller own expense, m pay any and ell cos., changes, aromeys f and other expenses, any anal all judgments that may be incurred by or obtained against the Purchaser or any of its or their offices, agents or employees in such suits or other puce pimp, and in case judgment or other lien be placed upon or obtained against the progeny of the Purchueq or said parties in or u a result of such suits or other proceedings, the Seller will at once cave the same to be dissolved and discharged by giving bond or otherwise. The Seller and has exmemors shall take all safety precaution, famish and intel all guards necnmry for the prevention of acciden., comply with all laws and regulation with regard on safety ialuding, but without limtation, the Occupational Saferyand Health Act ofl9]oaard all orksuaJ regulationisst ipursuent memo. Revised 03/2010