HomeMy WebLinkAbout442278 POUDRE RIVER FRIENDS OF THE LIBRARY INC - PURCHASE ORDER - 9150159Page
Fort Collins
Date: 0110912015
PURCHASE ORDER
9150159 1 1012
This number must appear
on all invoices, packing
slips and labels.
Vendor: 442278 Ship To: PUBLIC LIBRARY (MAIN)
POUDRE RIVER FRIENDS OF THE LIBRARY INC 201 PETERSON ST
TREASURER FORT COLLINS CO 80524-2990
201 PETERSON ST
FORT COLLINS CO 80524
Delivery Date: 01/09/2015 Buyer: ED BONNETTE
Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF
GOODS AND/OR SERVICES, AS NEEDED DURING THE
CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED
ARE ESTIMATES AND NOT A PROMISE TO PURCHASE
ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 BLANKET PO FOR
GOODS & SERVICES
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
25,000.00
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 exemption. By stature the City of Fort Colima is exempt fmm state and local mxcs. Our Exemption Number is
11. NONWAIVER.
9"502. Federal Excise Tax Eaempum Certificate of Renall B4fi000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the burns and conditions hereof, failure r delay to
Internal Revenue, Denver, Colorado (Ref Colorado Revised Stamm 1973. Chapter 39-26,114 (a).
examise any rights or remedies provided herein or by law, failure he promptly antify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall rut release the Seller of
Goods Rejttted. GOODS REIECfED due to failue to meet specifiation , either when shipped or due to defects of
any of the wamanfs or obligations of this purchase order and shall not be dared a waiver of my tight of the
damage in writ, maybe retumd m you for credit and are rot to be replaced except upon receipt of women
purchaser a insist upon strict performance Expositor my of its rights or reaches to to any such goods, regardless
instructions from the City of Fon Collins.
of when shipprd, received or acccptrd, or to any prior or subseqtent default hmander, near shall my purperved
oral modification or wwoo n of this purchase ruder by the Purchaser operate as is waiver of any of the terms
Inspection. GOODS are subject to the City of Few Collins; inspection on mrival.
hmof.
Final Acceptance. Receipt of the merchandise, tervicas or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. limevea it is to be understood that FINAL
Seiler and the Purchxaen mr.,iza far in actual economic pvacliou. overcharges resulting fmm antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchaser. Theremfure, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns he the Purchaser my and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of pan Collins, 700 Wood St., Fort Collins, CO 80522, unless
acquired under f deral or state antitrust laws for such overcharges relating to the particular good or services
otherwise specified on this order. If pemeission is given to prepay (might and charge separately, the original freight
purchased or acquired by the Purchaser pursumt to this purchase order,
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Whcre manufacturers have dianbuting Points in various pans of the country, shipment is
expected fmm the namt distribution point to destination, and excess freight will be deducted f Invoice when
shipments ate made rut greater distance.
Permits. Seller shall procure at sellers sole unit all norm ary Famous, unifiotes and licenses required by all
applicable laws, mgulanow. ordimnca and rules ofthe sum, municipality, mentally or political subdivision where
Me work is performed, or required by my other duly constituted public authority having junsdie ion over the work
of vendor Sella, fuller agrees to held the City of Fort Collins harmless from and agswd all liability and loss
cured by them by reason of an asserted r established violation of any such laws, regulations, oNirunces, rules
and requirements.
Aulhorieation. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIM ETA 'I']ON OF TERMS. This Purchaw Order expressly limits acceptance to the ,ems and conditions stated
herein set firth and any supplementary or additional terms and conditions annexed hereto or inaugurated herein by
reference. Any additional or different reads and conditions proposed by seller are objected to and hereby re,crod.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you a... make complete shipment to arrive on your
promised delivery date as noted. Time is of the esserce. Delivery and performance most be effected within the time
stated on the purchase coder and the documeos attached berehe. No acts of the Purchasers including, without
limitation, acceptance ofpenial late delivers, shall operate as a waiver ofthis provision. In the event of any delay,
the Purchaxr shall have, in addition to other legal and equitable mnedics, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to wises not reasonably foreseeable which are beyond is reassemble control all without is fault of negligence,
such win of God, acts ofeivil or military sutlwrities, governmental priories, fires, strikes, flood, epidemics, wars or
riots provided Nat notice of the conditions wnain, such delay is given he the Purchaser within five (s) days of the
time when the Seller first received knowledge thereof. In the event of my such delay, the dam of delivery shall he
extended for the period equal to the time actually lost by reason of me delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit far the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standard for work of a
similar nature. The Seller agrees he hold the purchaser ham has from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sella breach of warmly. The Sellershall replace, repair or make
good, without cost to the purchaser, any defects or fouls ansing within one (1) year or within such longer peood of
time in may be press bed by law or by the rams army applicable warranty provided by Me, Seller after Me data of
acceptance of the good famished hereunder (acceptance not to be utueammbly delayed), resulting from imperfect
or defective work done or materials Perished by 0e Seller. Acceptance in sae of goods by the Purchaser shall bet
constitute a waiver of any claim order ,his currently. Except m otherwise provided. Max Purchase order, the Sellers
liability hereunder shall extend an all damages Mannerly caused by the breach of any of the foregoing wmanli.
or guanamees, but such liability shall in nn event include loss ofproGts or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchater may make changes to legal terns by wnnev change order.
S. CHANGES IN COMMERCIAL TERMS.
The Parallactic may make any changes to the terms, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or wrinen change order. If any such
ch cage affects the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wrinen change coder, terminate this agreement az to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable far any claims for anticipated profs on the uncompleted
portion critic goads and/or work, for incidental or consequential damages, and Out no such adjournment be made in
favor ofthe Seller with moves to any goods which are the Sella standard stock. No such tentionatian dull relieve
Me Purchaser or the Seller of my offlop obligations; in to any good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be nsscnrd within Mine, (30) days fmm the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and f fingl rd in shot,
compliance with all applicable laws and regulations to which the goods am subject. The Seller shall execute and
deliver such documents as may be required f effect or evidence compliance. All laws and regulations required he be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all toss and damages suffered by the Purchaser as a result ofthe
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pry shall studio, transfer, or convey Nis order, or any adonis due or to become due hereuder without the
prior worn consent ofthe other party.
10. TITLE.
The Seller common; full, char and tmmtrictrd tide to the Purchaser fro all equipment materials, and items fumisbed
in permanence of this ogre ews, fire and clan of any and all dims, muiaices, reservam., security inters,
co undo. and claims ofothers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser dints the Seller to ass. rouronformin, or defective goods by a date to be "ad upon by the
Purchaser and the Seller, and the Seller thereafter iti iata its liability or unwillingness to comply, the Purchaser
may cause the work to be pedbrmed by the main expednimis means available he it, and Oe Seiler shall Pay .11
cars associated with such work.
The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature
resulting from Me perf ceafewth work.
This .1. shall apply road in the event of fault of negligence of the randy released end shall extend to the
directors, officers and employees of such Parry.
The Sellers conmetnal obligations, including warranty, shall not be dcemrd to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by liner, Flint, trademark
r copyright, the Seller shall indemnify and save harmless the purchaser fmm any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection went the contract, and
shall indemnify the Purchase for my cast, expense or damage which it may be obliged to pay by mason ofmch
infringement at any time during the prosecution or after the completion of the wark. In case said equipment, or
any part thereof or the intended use of the goods, es in such suit held to cotstilua infringement and the use of
said equipment or part is enjoined, the Sella shall, at its own expense and a is option, either procure for the
Purchaser the right to continue using said equipment or pas, replace the same with substantially equal but
noninfnnging apdpmant, or modify it so it becomes warinninging.
15.INSOLVENCY.
If the Seller shall become insolvent of bankrupt, make an assignment for the benefit of creditors, appoint a
raeiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser womm liability.
16. GOVERNING LAW.
The definitions of terrors used or the interpretation ofthe agreement and the rights of all panic hereunder shall be
construed under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perfomu work hereunder,
including tha amines of Sellers Representatives), on the promises ofsethers.
19. SELLERS RESPONSIBILITY.
The Seller shall any, an said work at Sellers own disk until the same is Polly completed and warlord, all shall,
in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and
.cc,.. complete the work re Sellers own expense and to Me satisfaction of the Purchaser. When meters
and eqdpment are fumishc by others fro installation or crierm n by tbe Seller, the Seller shall receive, unload,
there and handle sane .the sire all become rnponsible therefor as though such mmenals maker eqat,.,
were being famished by the Sell. wader the order.
18. INSURANCE.
The Sella stall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefis, to its employees employed on or in connection with me work covered by this purcbaa order,
andror to their dependents in uccamance with the laws of the state in which the work is to be done. The Seller
shall also tarty comprehensive general liability including, but not limited f, contactual and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for any one person. ESW,OW li c my
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premiss of others, the Seller shall famish the Purchaser with a certificate
that such compensation and ificamance have been provided. Such aw ificame shall specify the date when such
compensation and ltsuraace have been provided. Such cMifials shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby... the aware mImmobility and liability low—, sod all damage, lass or injury ti kind
or nature wharxoeyer to persons or property cased by m resulting from flee execution of the work provided for in
this purchase order or in connection bertxith. The Seller will indemnify and hold harmless the Purchaser and my
or all of the Purchasers officers, agents and employees fmm mad against my and all claims, losses, damages,
charge or expenses, whether direct or indirect, and whether to person or property a which the Purchase, may
In, put or subject by neuron of any act, action, neglect, omission or default on the pan of the Seller, any of his
comments, or my of the Sellers or contractors officers, agents or employees. In raw any suit or other
proceedings shall be brought against the Purchaser, err is officers, agents an employees at any time on account or
by boson of any act action, neglect, omission or default of the Seller of my of his contractors or any of its or
their offers, agents or employees as aforesaid, the Seller hereby agrees f assume the defense thereof and to
defend the same an the Sellers own expense, to pay any and all toss, charges, anomeys fees and other expenses,
any and all judgmens that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said panic in or as a adult of such suits or other procerdings,
the Sella will at once carts¢ the same he he dissolved and dischrgc by giving band or operant. The Seller and
his contractors shall cake all study precautions, fumish and install all guard attesaary fro Om prevention of
accidents, comply with all laws and regulations with regard 0 safety including. but without Rotation. the
Occupational gritty and Health Act of 1970 all all roles and regular.. issued prrsumt thereto.
Revised O7n(114