HomeMy WebLinkAbout133667 URBAN LIBRARIES COUNCIL - PURCHASE ORDER - 9146742Fort Collins
Date: 11/1812014
Vendor: 133667
URBAN LIBRARIES COUNCIL
1333 H ST NW SUITE 1000W
WASHINGTON DC 20005
:7oMA U6a,-
PO Number Page
9146742 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: 11/18/2014 Buyer: ED BONNETTE
Note: PER INVOICE #1036 DATED 11-14-14.
ULC LIBRARY MEMBERSHIP 12/1/2014-11/30/2015.
Line Description Quantity UOM Unit Price Extended
Ordered Price
I ULC LIBRARY MEMBERSHIP
12/1 /14-11 /30/15
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.com
1 LOT LS
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By suite the City of Fan Collins is exempt from injection local taxes. Our Exemption Number is
11. NONWAWER.
9g-04502. Federal Excise Tax Exemption Certificate of Registry M-6000587 is registered with the Collates, of
Failure of the Purchaser 10 insist upon strict performare, of the terms and conditions hereof, failme or delay m
Inamal Revenue, Denver, Colorado (Ref. Colorado Revised Sumter 1973. Chapter 39-26,114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly tmtify tM Seller in the event of a
branch, the amminc m afar payment for good hereunder or approval ofne design, shall not release nr Sella of
Goods Rejecled. GOODS REJECTED due to failure a veer machinations. emor when shipped or due to defects of
-Y of the wmramlo in obligations of can purchase coda and shall no, be deemed a waiver of any right of the
damage in at,, may be resumed to you for credit and are not to be replaced except upon receipt of women
Purchaser to insist upon strict perfomnance hamfor any of its rights or remedies as to any 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 purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Impaction. GOODS are subject to the City of Fort Collins inspection on travel.
hereof.
Final Acceptance Receipt of the merchandise, uevices m equipment in .puree a this order ran result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment an the pan of the City of Fort Collins. However, it is m be, understood tlat FINAL
Seller and the Purchaser recognize Nor in actual awasignic puclice, o m bergs moulting fiom .,a.
ACCEPTANCE is dependent upon mmpinion of all upplicable required imprclion pmcedmes.
violations are in fact borne by the Purchaser. Theraofom, for good roue and as cumidernm n for executing this
purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most be ROD.. City of Fan Collins, 200 Wood St., Fort Collins, CO 80522, unless
acquired under federal or state submit laws for such ovemhargm relating to the particular goad or services
otherwise specified on this order. If pemn exion is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant W this purchase older.
bill mast accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance Where manufacturers have distributing points in vatiom pans of the country, shipment is
expected from the journal distribution paint to destination, and excess freight will W deducted from Invoice when
shipments arc nude from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, cenificales and licenses required by all
applicable laws, regulations, oldinunc a and rules of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly nominated public authority having jurisdiction over the work
of vends. Seller further agrees to hold the City of Fort Collins Formless from and against all liability and loss
incurred by them by reason of an acscned or established violarion of any such lawn, regulations, orditi noes, roles
and ea,mramens.
Authorization. All parties a this contract agree flat Oe ra vesenbatives are, in Oath bona fide and Possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stared
herein set forth earl any supplementary or aMlitional arms and conditions annexed Imam or incorporated herein by
reference. Any additional or different terns and conditions proposed by seller are objected as and hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make cumplem shipment o arrive on Your
promised delivery date as noted. l ins is ofee essence. Delivery and performance must he effaad within the time
stated on the purchase order and the documents amched hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate in a waiver ofthis provision In the event many delay,
life Purehasa 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 span not be liable for damages m is result ofilelays
due to mums not reaambly f able which am beyond its reasonable control east without its fault of negligence,
such was of Gad, acts mcivil in military authorities, govrmmcntal priorities, firs, target, flood, epidemics,
rios provided that notice of the conditions taming such delay is given to the Purchaser within five (5) days of ode
time when the Seller first received knowledge thereof In the event army such delay, the date rdelivery shall be
extended for the period equal to the time actually lost by reason of fle delay.
3. WARRANTY.
The Sella warrants that all goad, articles, nueeriab and work amemed by this older will conform with o,liable
dawmgs, specifications, samples and/or other descriptions, given, will be fit for the parposo intended, ab
performed with the highest degree of mare end compliance in accordance with accepted standard for work of a
similar naturs. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may surge, or incur oa account of the Sellers breach of warranty. The Seller shalImp] ace, repair or make
good, without cost to the pm<M1asm. any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the It. of any applicable wartsnty provided by ale Sella a0a the dale of
accepuac of the good finished hereunder (acceptance not to be, umeasonsbly delayed), resulting from imperfat
or negative work done or rnsterials fumsbed by the Sella. Acceptance or use of goods by the Purchaser shall not
comrione a waiver of any claim under this warranty. Except as otherwise provided in this purchase older, the Sellers
liability hereunder shall extend a all damages proximamly mused by ode breach of any of the foregoing warranties
or guamntecs, 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 rmY changes an legal tents by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Maham may make any chooses or the temu, min, thin legal moms, including addimiom m m delniorts from
the quantities originally antlered in the specifications or drawings, by verbal or oamom change order. If any such
Orange effects the amount due or the time of pecf ionnnce hereunder, an equitable adjustment Shull be made.
6. TERMINATIONS.
The Purchaser may at any time by with. change olds, terminate Nis agrttment as 1n any or all portions of the
goods then not shipped, subject to any equitable adjunmeal between the genic as to any work or matmaas men in
progress provided that the Purchmer shall not he liable for any claims for anticipated profs on the uncompleted
portion of the good and/or ork, for incidental o consequential damages and mat no such adjustment be made in
favor of the Seller with respect to anySon& which ore the Sellers standard stuck. No such sermination shall relieve
the Purchaser or the Seller of may oftheir obligations as to my goods delivered hereunder.
T. CLAIMS FOR ADBUSTMENT.
Any claim for adjustment raw be asserted within dirty (30) days form the date de change or fombution is
mdmw1
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 regulations to which the good are subject. The Seller shall execute and
deliver such documents as may be required 10 ahem or evidence compliance. All laws and regulations required to be
ncoepomred in agreements of this character, are hereby incorpoaud herein by this reference. The Sella agrees or
iedemvify and hold the Purchaser hmank. bum all toss and damages suRered by the Puchaso ns e resell of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pvty shall resign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior wriven cement afore other party.
10. TITLE.
The Sella cancans foil, clear and unresvieral fitle to the PmcMser fro all equipment, materials, and items furnished
in pert ante of this agreement, free and clear of my and all him, restrictions, reseevations, security echo,
encumbrances and claims Droners.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Sella to correct rmnconf ing or defective good by a date a be agreed upon by the
Purchma and! the Seller, and the Sella thereafter indicates its inability or unwillingness in comply, the Purchaser
may cause the work to be pinformal by d, most expeditious meant available to it, and ode Sella shall pay all
cos¢ msocimed with such work.
The Seller shall refuse the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the Rationalism, of such work.
This ml. shall apply even in the evem of fault of negligence of the party relented and shall extend to the
dimctors, officers and employees of such Faulty.
The Series contractual obligations, including warranty, shall not be darned to be reduced, N any way, became
such work is performed or caused to be perfomsed by the Purchaser.
14, PATENTS.
Whenever the Seller is required a seas any design, device, material or process covered by letter, patent, oademall
or copyright, the Sella shall indemnify and save lurmlax rise parishioner fruits any and all claim fro infringement
by reason of the use of such prorated deign, device, material or process in mrmection with the contract, and
shall indemnify me Purchaser For any cost, expense or damage which it may be obliged to pay by rearm of such
infringement at any time during tee prosecution or after the completion of the work. In case said equipment, or
.it, pan thereof or the intended au 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 proure for the
Purchaser the eight to continue using said equipment or pans, replace the exam with substantially equal but
noninfringing equipment, or modify it so it becomes mniafnnging.
15. INSOLVENCY.
If be Sella shall become insolvent or brilliant, make an assignment for the benefit of comblon, appoint a
receiver or thce for any of the Sellers property or business, this older may forthwith be canceled by the
Purchaser ushaser without liability.
16. GOVERNING LAW.
The, deftnifiom of ram¢ used at the interpretation ofahe agreement and the rights ofaH ponies hereunder shall he
conswed mdee rest governed by the laws of the Slide of Colorado, USA.
The following Additional Conditions apply oaly in camas where the Sella is to pe,rcm work hereunder,
including the services of Sellers Representative(s), an the premises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellars own risk until ode same is fully completed and accepted. and shall,
in au army accident, destruction or injury 10 the work scissor materials before Sellers final completion and
acceptanta, complete the work ar Sellers own expense and no the amis(naiaa of the Purchaser. When numrials
and equipment are furnished by amcrs for installation or erection by the Seller, ode Sella shall receive, unload,
stare end handle same aI the he and become responsible therefor as though such materials and., equipment
were being fundshed by the Seller under the order.
IS. INSURANCE.
The Seller shall, at his own expense, provide for the paymmt of workers compensation, including complicated
disease berets, to its employees employed ore Or as mrmeaion with me work covered by this purchase order,
snNm to their dependents in accordance with the Laws of fie sate in which ode work is in he time. The Sella
shall also war comprehensive general liability including. but at limited to, conaactual and automobile public
liability insurance with bodily injury and death limits of at last $300,000 for any one person, 5500,000 for any
com accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and announce. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a anifimte
that such compensation and imsuance have been pamided. Such anifirmas shall specify me date what such
compereation reed insmamtce have been Provided. Such mnifimto shall specify the date when such sompemmioa
slid consmce exports. The Sella agrees fast such compensation and insurance shall he mainmind[ until afro the
entire work is completed and meeptW.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire respamiMlity and liability for any and all damage, loss or injury of any kind
or nature whosoever to pasom or property caused by or resulting from the execution ofine work provided far in
this purchase order or in on.le... herewith. The Sella will indemnify and held hartnlecs me Purchaser and any
cr all of me Pmcbasen officers, agents and employees from and against any and all claims, losses, damages,
harges or expec us, whether direct or indirect, and whether to msom or pmparty to which me Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on On pan of the Sella, any of his
contractors, or any of the Sellers Or confactons officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any Gore on account or
by rmson of any act, action, neglect, omission or default of be Seller of any of his contractors or any of its or
their oflicars, agars or employees as aforesaid. the Seller hereby agrees re assume the defame thereof and to
defend the same at the Sellers own m a,,,, a pay any aria ell on charges, members fees and outer npcmes,
any and all judgments mat may Ile incurred by in chained against the Purchaser or any of its or chair offers,
agents or employees in such suits or other proceedings, and in cause judgment or other lien be placed upon or
obtained against me property of me Purchaser, or said parties in or as a moult match suits or outer proceedings,
the Seller will ul once cause the same to be dissolved and discharged by giving bond or othervnse. The Seller and
his contractors shall bake all safety precautions, boarish and install all guard necesary, for the prevention of
accidents, comply wire all Laws and regulations wire regard to safety including, but without limitation, rim
Occupational Safety and Health Am of 1920 surd all nudes and regulatiom issued pursuant thereto.
Revised pinata