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HomeMy WebLinkAbout339171 COLORADO LIBRARY CONSORTIUM - PURCHASE ORDER - 9145448Fort Collins Date: 09/19/2014 PURCHASE ORDER Vendor: 339171 COLORADO LIBRARY CONSORTIUM 7400 E ARAPAHOE RD SUITE 75 CENTENNIAL CO 80112 PO Number Page 9145448 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: 09/18/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Courier service FY15 Highi ILL INV 19371 9/18/14 1 LOT . LS 32,912.53 PER INVOICE #19371 DATED 9/18/14; PROSPECTOR ANNUAL FEE AND COURIER SERVICE. 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.wm Pay terms net 30 days 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 1. COMMERCIALDETAILS. Tax exemptions. By some the City of Fan Collins is exempt firm state and local mace. Our Exemption Number is I L NON WAIVER. 98-0,1502. Federal Excise Tax Exemption Cenificme of Registry 84-6000587 is registered with the Collator, of Failure of the Permission to insist upon strict performance of toe terms ad ..do.. befeof, 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 m Promptly witify the Seller in the event of a breach, the acceptance of or payment for goads hereunder or approval of the deign, shall not release the Seller of Goods Rejected. GOODS REJECTED due to bad um to meet speci ficatiom, either when shipped or due an 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 tamiL duty be remmd to you for credit and are cal lobe railroad except upon receipt of cadged purchaser to insist upon strict performance hateofor any of its rights or remedies as many such goods, regardless instructions fivm the City *from Collins. of when shipped, received or accepted, u m any poor or sobuqumt default hereunder, oar shall any puryortd am[ modification or rescission of this purchase order by the pmcbasen manage as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, servicesa aquipmmresponse t in to this ordran w major aft in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Cullom. However, it is to be agderstood thalr FINAL Seller and the Purchaser recognize Out in actual economic practice, overcharge resulting from an rarest ACCEPTANCE is dependent upon oomplefon of all applicable rryuired impaction procedure, violations arc in fact home by the Purchaser. Theremforefagood came, and as consideration far execming this warms, order, be Seller hereby assigns to the Purchaser any ad all claims it may now have or hereafter Freight Terms Shipments must be F.O.B., City of Fan Collins, 900 Wood Sr. pun Collins, CO 80522, unless scumbed! under federal or state antitrust laws for such overcharges Mining to the particular goods or services otherwise specified tin this order . 1f permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchase, pursuant to this purchase order. bill mast wormoanv invoice. Aditi... I ounces far omkine will not W airent Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the barest distribution point to destination, and excess freight will be deducted from lawrice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary Permits, certificates and licenses remand by all applicable bass, regulations, mil mdncea and ales of the state, municipaliy, territory or political subdivision where the work is performed, or requited by any other duty consumted public autheay having jurisdiction over be work of vendor. Seller further agree to hold the City of Fan Collins bngmless from and against all liability and loss andrued by them by reason of an owned or established violation of any such laws, regulations, ordinances, rate requirements. Authorization. All patio to this contract agree that the representatives are, in fact bona fide and possess full and omplre.,badly to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional it. and conditions massed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment m amve on your promised delivery date is noted. Time is ofthe essence. Delivery and performance must be effected within the time stated can the purchase order and the documents attached harbor. No acts of the Purchasers including, without limitation, acceptance dpartial late deliveries, shall operate w .waiver fthis provision. In flue event fany delay, be Pumbaer shall have, in addition m the, legal and equitable readies, the opion of peeing Nis order elsewhere and holding be Seller liable for damages. However, the Seller shall not be liable for damage as areal, of delays due to causes not reasonably foreseeable which are beyond its reasonable contort and without its fault ofnegligence, such axis of God wo.1 civil or military authorities, govenownml priorities, fires, strikes, flood, epidemics, wars or dots provided but notice of be conditions causing such delay is given m the Purchaser within five (5) days of the rime when the Seller firs, received lou wldge Nercof. In the want of my such delay. be dam of delivery shall be exmdd for the hand egml to the time actually lost by reason of be delay. 3. WARRANTY. The Seller warmns that all grads, articles, materials and work covered by this order will conform with applicable drawings, specifications, sample and/or other dexriptiom given, will be fit for the Imposes intended, and perforead with the highest degree of care and comprence N accordance with accepted standards for work of a -mil., name The Seller agrees to hold the purchaser monless from any loss, courage or expense which Ne Pumhaur may surer or moron account of the Sellers breach of wormnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults alising within one (1) year at within such longer period of ,ire as may be prescribed by law or by the terra of any applicable warranty provided by the Seller alter the date of acceptance of the goods fumishd hereunder (acceptance not to be unseasonably delayed), resulting from imperfect or defalive work done or wwwwo famished by the Seller. Acceptance or use of good by the Purchaser shall no, wnstimbe a waiver of any claim under Nis common, Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately tamed by the breach of any of the foregoing wmomies or guarantees, but such liability shall in no event include loss of profits in loss of ase. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal team by woman change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m be ,emu, other man legal tense, including additions 10 or deletions from the 9wouifec anainall, ordered in the ifl v'ifiwtiors or drawings, by verbal or wane. thor, under. If my such change affects the amount due or be lime of perfommce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change mule, termimte this agreement as to any or all portions of the goals then not shipped, subject to any equiable adjustment between the parties as to any work or materials then in progress provided that the purchaser shall not be liable for my claims for anticipated pmfu not the uncompleted Portion ofthe gods i ndor work, for incidental or cmrquenlih damages, and that no such djustment be mile in favor of the Seller with vesper to.ny goods which are the Sellers standard stock. No such mrmiration shall believe the Purehmer or the Seller army urban, obligations as to any goals delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for ndjmstmmt mast be assrtd within duM (30) days from the dale the change or rebmiantim is ordered. I. COMPLIANCE WITH LAW. The Seller warants that all goods sold hereunder shall have been promed, sold, delivered and famished in audit compliance with all applicable laws vast regulations w which be good am subject. The Sella shall execute and deliver such documents m may be begird m effect or evidence baboduuce. All laws and regulations rryuird to be empomaed in e,manno s of this domain are hereby incorporated herein by this reference. The Seller agrees to Ndembify end hold the Purchaser hobbles, from hit corm and damages suffered by the Purchur as o result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry, shall assign, number, or convey this order, or any monies due or to became Me hereunder without be prior written consent ofthe other party. VRTJTLE. The Seller wa,nnts full, clear and unbounded title to the Purchaser for all equipment, materials, and items fumishd st aufarmanre of this agreement, free and clean of my and all lima ravicrions, nowmatiom, security inters, encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If be Purchaser directs be Seller to co,ren noncovf ing or defective hods by a data to be agreed upon by We Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means mailable to it, and the Seller shall Pay all casts associated with such work. The Sella, shall release the Purchase and its br macmrs of my tier from all liability and claims of any atom remlrim from the performance of such work. This release shall apply even in the event of fault of negligence of the patty relensd and shall extend to the directors, officers and employers ofsuch party. The Sellers contfdetual obligations, including warranty, stall not be domed to he reduced, in any way, because such work is xidbmed or madto be performed by the Publows. 14. PATENTS. Whenever the Seller is required to ase any design, device, material or process covered by leneq patent, rolernark or copyright. be Seller shall indemnify and save homles the Purchaser from my and all claims for infringement by reason of the use of such patented deign, device, material or process in connection with the contract, and shall indemnify the Purehmer for any cost, expaco, or damage which it may be obliged in pay by reason of such infringement at any time during the prosecution or alter 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 we of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the night to continue wing said squb mat or Parts, replace the same with substantially equal but noninfringing euuipmrnt, or mdify it so it become noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for be benefit of creditors, Visual a receiver of vuaree for any of the Sellers property or business, this when may fonhwith be canceled by the purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation ofthe agreement and the rights of all parties hereunder shall be o and ed under and governed by the laws of fe State of Colorado, USA. The following Adbliabtal Conditions apply only in cases where be Seller is to perform work hereunder, including the services of5ellers Re detartaoive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own ask until be same is fully completed and accepted, and shall, in eau of my attident, destruction or injury to the work amfor matrials before Seller's final completion and acceptance, complete be work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment we famished by others for installation or erasion by the Seller, the Seller shall receive, unload, score and handle same at the site and become responsible therefor m though such materials and/or equipment were being furbished by the Seller under the order. I I. INSURANCE. The Seller shall, at his own expense, Provide for the payment or wurkers compensation, including eccupatimul disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordmce with the laws of the state in which the work is m be dune. The Sella, shall also carry comprehensive general liability including, but rat limited m, contradml and automobile public limit iry imarem- with buddy mor 1, am JeaN limits of at least 5300,000 for any one pension, 550(,nda for my one accident and property damage limit per azcldent of 140o,". The Seller shall likewise require his commons, if my, no provide for such compensation and insurance. Before my of be Sellers or his condition employees shall do say work upon the premises of others, the Seller shall furnish the Purchaser with a anificam that such compensation and Immance have been provided Such certificates shall specify the date when such compensation and insurance have been provided Such cotificams shall specilythe date when such compensation ad insurance expire. The Seller agrees Nat such compensatioo and imtmnce shall he maintainM until a0r be calm, work it completed ad accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella, hereby assumes the rntlre respsmibiliry ad limulay fir any and all damage, Ions or injury ofrw kind or mature whatsoever to Paribas or property caused by or resulting (mat the execution of Ore work provided for in this purchase ordr an in com ention herewith. The Sella will indemnify and hold bmmless the Purchaser and my r all of the Purchasers officers, agents and cmploym from and against any and all claims, losse, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Pufchmer may be put or subject by reason of my act, action, neglect, msission or default on the pan of the Seller, any of his contactors, or my of the Sellers or contractors officers, agents or employees. In two any suit or other pmeedings shall be brought against be Purchaser, in its officers, agents or employees at any time on account or by reason of my act, action, bugled, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agree m assume be defense Netmf and no defend the same at the Sellers born expiate, to pay any and all casts, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtalnrl against the Purchaser or my of its or their officers, agents or employees in such saint or other posmdings, and in cam judgment or other hem be placed upon or obtained against the property of doe particular, or said mias in a as a result ofsuch suits or other pmeedings, the Seller will a, most cause the same to be dissolved and diachmgor by giving bond or otherwise. The Seller and his nomination shall take all safety precau0om, hoorah and install all goods necessary for the prevention of accidents, comply with all laws and regulations with regard to safety inclding, but without limiatim, be Occupational Salary and Health Act of 1970 and all rates and regulations issued Formal thereto. Revisor 07=4