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HomeMy WebLinkAbout203943 3M LIBRARY SYSTEMS - PURCHASE ORDER - 9142213Fort Collins Date: 04/21/2014 Vendor: 203943 3M LIBRARY SYSTEMS PO BOX 33682 ST. PAUL MN 55133-3682 PURCHASE ORDER PO Number Page 9142213 1of2 This number must appear on all invoices, packing slips 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 Quantity UOM Unit Price Extended Ordered Price I Service Agreement Rewewal 1 LOT LS 3M Materials Handler/SorterSys Service Agreement: US49760 Service Agreement Coverage Period: July 02, 2014 thru July 01, 2015 3M Account#:JDT9801 Cost and Equipment covered per Service Agreement Expiration Notice dated Aoril 02. 2014. Total 21, 580.00 Invoice Address: 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 Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDEfABS. Tax exemptions. By statute the City of Fan Collins is exempt man mile and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04S02. Floral Excise Tax Exemption Cenificale of Registry "-600o587 is register, with the Collector of Failure of Ne Purchuer to train upon moot perfomance of the forams and conditions herro[ failure or delay to Internal Revenue, Drover, Colorado (Ref. Colorado Revised Simms 1993. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notity the Seller in the avant of a breach, the acceptance of or payment for goods forecaster or approval offer design, shall not mlease Ne Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warrantor or obligations of this muchase order and shalt not he deemed a waiver of any right or the damage in nowi4 may be rerun, m you for credit ad are rat as be replaced except upon taccipt of written purchaser to insist upon stria performance hereof or any of in rights or ¢medico as many such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any paryorted oral modification W rescission of this purchase oMer by the Purchaser operate as a waiver of any of the lamas Inspection. GOODS are subject W the City or Fan Collins inspection an arivol. hereof Final Acceptance. Receipt of the merchandise, service s or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. induction]induction]payment on the part of the City of FinCollins. However, it is m be understand thatFINAL Seller and the Purchaser recognise that in actual economic practice, overcharges resulting from antimut nfor ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. vialmaregood cause and as consideration for executing this re in fact home by the Purchaser. Theretofore, purchase order, the Seller hereby assigns to the purehaver any and all claims it may now have or hereafter Freight Teats. Shipments most be FOR., B., City of Fan Collins, 700 Wood St., Fan Collins, CO 80522, unless acquired undo federal or slate mninmat lax. for such overcharges relating to the psingular goads or services otherwise specified on this order Ifpmniscion is given to prepay freight sad charge sapardtely, the odgiml freight pmChased or acquired by the Purchaser pursuant I. this purchae order. bill most recomicnv invoice. Additional charges for backing will not be accepted. Shipment Distance. Where manufacturers have diaNbming Points in carious pans of the country, shipment is expected fmm the moment distribution point to destirestion, and excess freight will be dedudd from Invoice when shipments are made fmm greater it.... Permits. Seller shall procure at sellers sole cost all necessary permits, certificates turd Iicanses required by all applicable laws, regulations, ordinances and rates ofthe state, municipality, territory or Political subdivision where the work is performed, or required by any other duly constitated public authority basingjunsdinion over the work of vendor. Seller further agrees to hold the City of Pon Collins hamrles from and against all liability and loss flectored by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and raqubetnents. Aulhium,ion. All panics 1. this embect agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to line terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different ems and conditions proposed by seller we objecmd to and hereby rejoined. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you eannot make complete shipment to arrive on yam promised delivery die as..oil. Time is of the ac.. Delivery and pert me must be eRoled within the time stated on the purchase order and the documents muchd hereto. No was of the Purchasers including, without limitation, acceptance of partial late delivaries, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, its addition to other legal and equitable remedies, the option of glaring this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes nor reasonably foreseeable which art beyond its c atonable central and within its fault of negligence, such acts of Ga, acts oFcivi[ or military authorities, governmental primines,Was, strikes, flood, epidemics, wars or Hats provided that notice ofthe conditions causing such delay is given to the Purchazer 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 far he period equal to the time actually lost by matter w e, 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., other descriptions given, will be fit for the pracpwes amended, mad performed with the highest degree Of care a, compaaMs to accordance with accepted standards for work or a similar two The Seller agrees 10 hold the purchaser hmmless from any loss, damage or expense which the Purchase, may suffer m wens on ecmuat of tine Sellers breach of..,. The Seller shall replace, repair or make good, without can 10 the pumfose, any defots or faults raising within one (1) year or within such longer parent of time as may be premribd by law i1 by the teas of any applicable warmamy provided by the Seller eaer the dam of xceptance of the goods blemished heremWer (acceptance but to be tuueas umbly delayed), resulting from imperfect or defective wok done or materials f ished by the Seller. Acceptance or use of goods by the Purchaser shall cot mnstimte a waiver of any claim under this .amity. 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 foregoing commuter uter or guarantees, but such liability shall is no event include loss offal or loss of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any change or the manna. other than legal lama, including addition 10 or deletions from the quantities Originally ordered in the specifications or drawings, by verbal or women change order. If any such change aRece, the amount due or We time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pnnderem, may at any time by "no. change Order, terminate this agmamenl as to any or all portions of the goads then not shipped, subject to any equitable adjustment between the parries as to any wok or materials then in progress presided that the Purchaser shall not be liable for any claims for maintained profits on the uncompleted portion of the goods mall wok, fir memorial 01 conexamential damages, and War no such adjustment the made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such nomination shall relieve the Purchaser or the Seller army of their obligations as to any goods delivered hemunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be testator] within thirty (30) days from the date the change or tcmtinution is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in short compliance with all applicable laws ad regulations to which the good are subject. The Seller shall execute and deliver such documents or may M carried to effect or evidence compliance All laws and mplatimm required in be huoryomted in agreements of this character we hereby incorporated herein by this reference. The Seller agrees to indemnify end hold the purchaser formless from all costs and damages softer, by Ne Purchaser as a resin, of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or aoavry this order, or any maalu due or to Isoome due hermal without fire Prior writers consent ofthe other party. 10. TITLE. The Seller wartans full, clear and constricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement free and clear of any and all liens, resonances, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If are Pretenses dirnts We Seller to mrtecl ro reardorming or defective goods by a date to be agreed upon by the Producer ad the Seller, and the Sella theroRo indicates its inability or unwillingness to comply, the Purchaser may cause We work to be performed by We most expeditious means available to it, and the Seller shall pay all costs assa datd with such work. The Seller shall relerse the Purchaser and its comrmmrs of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the even, of fault of negligence of the party retained and shall extend m the directors, officers and employees of such pony. The Seller's contactual obligations, including warrunty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be Perforated by the Purchazer. IL PATENTS. Whenever the Seller is required to use coy design, device, material or process covered by tenet, paten, trademark or copyright, the Seller shall indemnify and save hamless the Proximate fmm my and all claims for infringement by reason of the ace, of such patent, design, device material or process in connection with the comme, and shall indemnify We Pushover for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the pima ration or after the completion of the work. In case mid equipment, Or any pan therrof or the intended use of the goods, is in such suit held to constitute infringement and me, use of said equipment or pan is enjoined, the Sella shall, at in own expense ad at its option, either pmcore far the Purchase the right to continue using said equipment or puss, replace the tame with substantially equal but eorinGnow equipment,or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall became insolvent or momma, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, His order may fonbwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms tad or the interpretation ofthe agreement and the rights of all parries hereunder shall be committed under and governed by the laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the service of Sellers Raprtsentative(s), on the Premise of biers. V. SELLERS RESPONSIBILITY. The Seller shall ors, on mid work at Sellers own risk wnl the same is fully completed and accepted, and shall, I. rase of any accident, destruction or injury to the work we, maerods heron Selldx fret mmpinam and acceptance, complete the work at Sellers own expense and or the satisfaction of the Pumh ser. When materals Wit equipment arc nuMshed by others for invallaion or cra fion by tie Seller, the Sella shall receive, uaload, stare and handle same at the site and become responsible mentor as though such materials =War equipment were being beached by the Seller under the oMer. 18. 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, anllor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall aim carry comprehensive general liability including, but not limited ,a, contmetard and automobile public liability Inumnce with bodily injury and death limits of at least S300,000 for any one persom. SSng000 for any accident and property damage limit per accident of S400,000. The Seller shall likewise require his contraction, if any, to provide for such compensation and insurance. Before any of the Sellers or his conttaaors employees shall do my work upon the premises of orders, the Seller shall fmish the Ptuchuer with a cenifscaze Wit such compensation and insurance have bees, Im ided. Such cenifiwta shall specify the date what such compenmtion and insurance have been provided. Such cerdfiaus shall specify the date when such compensation .it insurance expires. llte Seller agree Nat such compemsamn and insurance shall be maintained rant after the entire work is completad and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage loss or injury ofany Load or name whatsoever to persons or property caused by or resulting from the execution of the work Provided for Or this purchase order or in connection herewith. The Sella will indemnify and hold hamdow We Purchaser and any r all of the Purchaser, 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 contractors, or any of the Sellers or committers officers, agents or employees. In case any suit or other proceedings shall the brought against the Purchaser, or its .1 icers, agents or amployees a1 any lime oa account or by reason or any az4 anion, neglect, omission or default of fire Sella of my of his contractors or any of is or their officers, agents or employees as aforemid, the Sella hereby agrees to assume the defense therm, ad to defend the same at the Sellers own expense, to pay any and all rosin, charges, mtortcys fees and other expenses, any, and all judgments that may be Wanted by or obtained ag.I., the Putchuer or my if its or Weir borers, ages or employees in such suits or other proceedings, ad in case jdgmenl or other lira be placed upon or obtained agamen am property of the Producer, or mid panies in or as a mach of such suits at other proceedings, We SequirsdI at a.. wove the tame N be dissolved and discharged bygivimg bond Or otherwise. The Seller wad his contractors shall take all safety ptearniona, Records and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regand to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 032010