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HomeMy WebLinkAbout525555 A TO Z DATABASES - PURCHASE ORDER - 3215121Fort Collins Date: 0110912015 Vendor: 525555 A TO Z DATABASES 11211 JOHN GALT BLVD OMAHA NE 68137 PURCHASE ORDER PO Number Page 3215121 10f2 This number must appear on all invoices, packing sli s and labels. Ship To: PROCESSING CENTER FORT COLLINS PUBLIC LIBRARY 256 W. MOUNTAIN AVENUE FORT COLLINS CO 80521-2711 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 i 2015 ESTIMATED ANNUAL ORDER 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 :1 rrr 1i Total 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fad Collins is exempt fimn slam road friend taxes. Our Exemption Number is 98-N502. Federal Excise Tax Exemption Cenificate of Registry M.Adoo587 is registered wild be Collector of Intemal Revenue, Drover, Colorado (Ref. Colorado Revised Somto 1973, Chapter 39-26, 1 is (a). Goods Rej«tN. GOODS REJECTED due m failure to meet specifimtions, eifer when shipped or due as defects of damage in Mnsit, maybe returned to you for credit and me not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. Fiol Acceptance. Receipt of the merchaakise, services or equipment in response to this order can result in saturated payment on the pm of the City of Tom Collins. However, it is to be uMearwal that FINAL ACCEPTANCE d depended, upon completion ofail applimble aegdd inspection proedual Freight Trni Shipments macs, be F.O.B., City of Fon Collins, 700 Wood St., Pon Collins, CO 80522, unless otherwise specified an this order. if pemtission u given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for looking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution prim to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Pinnies. Seller shall procure a, sellers sole cost all necessary pennies, artifiw¢s and licenses required by all applicable laws, regulations, ordinances and roles offer state, municipality, territory or political subdivision where the work is performed, or required by any other duly contributed public authority having jurisdiction over the work of Weaker. Seller harbor agrees m hold the City of Fort Collins harmless from or agains, all liability anal loss nermal by them by frown of an acsened or established violation of my such laws, regulations, o.dimnces, roles and r quinedunea. Autlmriution. All panties or this centred ague but the reprewvtativa see, in fact, bona fide and possess full and complete authority to bind said panic. LIMITATION OF TERMS. This Pumhaw, Offer expressly limits acceptance to be terms and conditions send herein set tomb and any supplementary or additional team and conditions annexed harem or mampomed herein by reference. Any additional or diRerenuerms and conditions proposed by seller we objected to and hereby rejected. 2. DELIVERY. PL17ASE ADVISE PURCHASING AGENT immediately if you about make complete shipment to amve on your promised delivery date as noted. Time is of be essence. Delivery and performance must be Officiated within the time stated on the purchase order and the doeummts attached hereto. No acts of the Purchoers including, without limitation, acceptance ofpertial late delivedo, shall operate as a waiver of this provision. In the event ofany delay, be Purchaser shall hale, in addition to other legal and equitable troubles, be option of placing this oNer elsewhere and holding be Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reawmbty foreseeable which are beyond its reasonable control and without its fault of negligence, such mu of God, aces of civil a, military authorities, go..] priorities, fins, strikes, Bond, epidemics, wars err riots provided bat poster of be conditions coming such delay is given to be Puxhaxr within five (5) days of be lime when the Seller first received knowledge thereof. In be event of my such delay, be date of delivery shall be extended for be peried equal to be time actually lax by reawn offer delay. 3. WARRANTY. The Seller warrants bar all goals, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will bo fit for the purposes intended, and performed with be highest degree of cart and competence in accordance with accepted standard for work of a similar nature. The Seller agrees in hold be pumMser harmless from any lass, damage or expense which the Purchaser may sulTef err from on account of fe Seller beach of wammty. The Seller shall replace, repab m make good, without an, ro the pun da er, my defcce, or faults afising within one (I) year or within such longer period of time m may be prescribed by law or by the terms of my applicable wanmry provided by the Seller after the date of acceptance of be good Slashed hereunder (acceptance not to be umeasombly delayed), resulting from impartial or defective work done or mwsi bx fumuhed by the Seller. Acceptance or use of grad by the Purchaser shall not announce, a waiver of any claim miler this warranty. Except as otherwise provided in this purchase order, be Sellers liability bexmda shall extend to all damages proximately eauwit by the branch of any ofba foregoing warranties Or guarantees, but such liability shall in no event include lass 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 temss by waimen change offer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the terms, other than legal terms, including additions to or deletions from the cre nfifice mm-filly tropical in the specifications or drawings, by verbal or isnium change order . If any such change affects the amount due or the lime.fperfomrmce hereunder, con equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may or my time by "lien change order, 'commerce this agreement as on my or all radicals of race goods thin not shipped, sabJm, to any equitable a j.Mm' between the patties as to my work or materials ben in pmgmaa Provided ban, be Purchaser shall rat be liable for any claims far efficipmed Pmfirs on be uncompleed polio t of be goad mNm work, for ineidmal or comequenfial damages, and that no such mijmoent be made in favor of the Seller with respect to any goods which we the Sellers sandaff stack. No such tmnimtim shall relieve the Purchaser an be Seller of any effort, obligations as on any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be aoudad within thirty (30) days from the date the change or lamination is claimed. 8. COMPLIANCE WITH LAW. The Seller wain is bar all goods sold hereunder shall have been produced, old, delivered and fumislred in srria compliance with all applicable laws and regulations m which be good are subject. The Seller shall exmte mad deliver such documents as nay be required in effect or evidence complunce. All laws and windstom required b far incorporated in agreements of this chaacter are hereby intoryomted herein by this reference. The Seller Offil to indemnify and hold be Purthaw, hmnlas from all cosu and damages sorwad by be Furchawr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, Mnsfer, or convey this offer, or my monies due Or in become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller W. full, dear and uareatdaed,ide a the Purchaser for all equipment, materiels, and it. fished in perfaMance of this agreement, free and clear of any and all liens, restrictions, 'onvacions, secmity interest encumbrances and claims ofoth II. NONWAIVER. Failure of the Puchaer or insist upon strict pMoMmce of be terms and conditions hereof, failure or delay to breaany rights or remedies provided herein or by law, random, m promptly notify the Seller in be event of a ch, the acceptance ofar payment for goads hereunder or approval of the design, shall not release be Seller of my of the wvmnties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hmeofor any of its rights or remedies o to any such goods, regardless of when shipped, received or incepted, as to any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any Of be terms ham,.. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Pardoner recognise that in medal tt ov c plastics, ercharges resuhiag from mmc tim violations art in fact home by the Fanchaser. Theref forenfar goad roux and as consideration for executing this purchase order, the Sella hereby assigns to the Purchaser my and all claims it may now lave or hereafter acquired under federal Or state antitrust laws for such overcharges relating to the learnable good or services purchased or acquitM by the Punchasa Pursuant he this puachow offer. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Puchasm direc¢ the Seller m correct nonconforming or defective good by a date to be agree upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work in be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the purchase, and its contractors of my tier from all liability and claims of any name resulting form the pafaMara of such work. This ml. shall aPply even in the a'car of fault of negligence of the imply release and shall extend to the directors, oRicers and employees ofsuch Parry. The Sellers commeual obligations, including warranty, shall sot be darted to be duced, of my way, became such work is performed or caused to be performed by be Purchaser. 14. PATENTS. Whenever be Seller is requited to use my design, device, material or pmccss covered by later, patent, trademark or copyright, be Seller shall indemnify and save handless the Purchaser (ram any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any 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 caw said equipment, o, any pan thereof or be intended use of the goods, is in such suit held to constitute infringement and be use of said equipment or pm is enjoined, the Seller shall, at its own expense and at its option, either procure f be Purchosa be fight ro continue using said equipment or Forms, replan be name with substantially agml but noninfdnging equipment, or modify it an it becottses noninffingmg. I S. INSOLVENCY. If du Seller shall become i cautwo, or hmkcept, fordo m assignment for the benefit of creditors, appoim a receiver I umree for my of be Sellers property or business, bas order may forthwith be candled by be purchaser mount liability. 16, GOVERNING LAW. The definitions oftemas used or the interprctmion of the agreement and the fights of all parties hereunder shall be onstrued under and governed by the laws Of the State Of Colorado, USA. The following Additional Conditions apply only in taus where be Seller is to perform work hereunder, including be smite, of Sellers Reprewnutive(s), on be premises of others. 17. SELLERS RESPONSIBILITY. The Seller shill any on said work al Sellers own risk until the same is fully completed and accepted, and shall, in came of my accident destruction Or injury to the work anNm matedak before Sellers final completion sand occurrence, complete be work at Sellers own expense and to bar satisfaction of the Purchases. When matmab rand equipment arc moral by others for installation Or erectim by the Sella, be Seller shall receive, onloof sore and handle same at the site and become responsible therefor as though such mamnaIS andor equipment were being famished by the Seller mother the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease boned¢, on its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of be state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, committal and automobile public liability imurm¢e with bodily injury and death limits of of least S3oo.CW for any one person, 5500,0gp for my one accident and property damage limit per mention of S40QWU. The Seller shall likewise require his contractors, if any, to provide for such compensation and iourance. Before any of the Sells or his contractors employees shall do my work upon be premises of others, be Seller shall f ish be Purchaser with a mtifimte that such compeoation and assurance have been provided Such cedifcerfes shall specify be dce when such amp tim and insurance have been provided. Such cenificones shall sperifythe due when such compensation and insurance expires- The Seller agrees that such compemoatiun and insurance shift be maintained until after be moire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes be entire responsibility and liability for any and all damage, lox or injury of my kind or nature whatsoever to parsons or property caused by or resulting from the execution ofthe work presided for in this purchase order or in coanection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Pumhasers officers, agents and employees from and against any and all claims, losses damage, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purehsser may be put or subject by reason of any act, action, mglcd, omission or defaull on be part of the Seller, my of his contractors, or any of the Sellers or at,.. officers, agents or employers In case any it or other proceedings shall be brought against the Purchaser, or its officers, agents or employees u my time on mcomt or by reawn of any act, actim, nailed, omission or dcfaul, of be Seller of any of his contmcars m any of its or their aRttrs, agents em employees as aforesaid, the Seller hereby noun, to assume the defense thereof and to defend be mean at be Sellers own expense, to pay my and all cams, charges, atameys f and ofar expenses, any and all jtdgmmes but may he inourd by or obtained stains, the Purchaser or any of its or fev officers, agenu or employees in such suits or other proceedings, and in sax judgment Or other dim be placed upon Or obtained against be prolte'ry, offe Puchaer, or said parties in or as a result ofsuch suits or ofar prmeedings, the Seller will it mire roux the acme to be dissolved and diwharged by giving bond or otherwiw. The Seller and his contractors shall take all safety precautions, furnish and install all guard necessary for be prevention of accidents, comply with all laws and regulations with regard to safely including, be, without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursmnt thereto. Revised 07R014