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HomeMy WebLinkAbout127168 BARNES & NOBLE - PURCHASE ORDER - 3215122Fort Collins Date: 01109/2015 Vendor: 127168 BARNES & NOBLE 4045 S COLLEGE AVE FORT COLLINS CO 80525-3039 PURCHASE ORDER PO Number Page 3215122 1e1`2 This number must appear on all invoices, packing sli s and labels. I I Ship To: PUBLIC LIBRARY (MAIN) 201 PETERSON ST FORT COLLINS CO 80524-2990 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 2015 ANNUAL ORDER 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 30,000.00 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. COMMERCIAL DETAILS. Tax amorphous. Etymons, the City effort Collins is exempt f estate and local sues. Our Examines Numbs i. 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate, of Registry Puffs 058] u registered] with the Collector of Failure of the Purchaser m insist upon sorer Pa.. of the ar. . and renditiem bereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Sututas 1973. Chapter 39-26.114 (a), eacreise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a bee ch, be acaptaoce .For payment for goods hammer or approval off, design, shall,rot releax the Sella of Goods Rejamal, GOODS REJECTED due as failure to meet specificatims, either when shipped or due to defects of any of Be .,a. or obligations of this purchase maker and shall vat be deer ed a waiver of shy tight of the damage in fAnss. bay be remmnst m You far and" and are act to be replaced raw upon receipt or corium Purchaer m insist upon stria performance hereof., any of its rights or remedies as to any such good, regardless inslmcuons from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any p monad oral modifwsion or rescission of this purchase maker by the Purchaser classic as a waiver of any tribe isms Inspection. GOODS are subject in be City of Fort Collins inspection on arrival. ber,of. Final Accepunce. Receipt of the merchandise, services or equipment in response to Nis order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fart Collins. However. it is m be understood that FINAL Seller and the Puoshuer recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable acquired inspection procedures. violations are in fact home by the Purchases. Tneremfem for good cause and as consideration for executing this purchase order, the Seller hereby assigns N the Purchaser any and all claims it may now have or hereafter Freight Tern. Shipments must be F.O.B., City it Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or store amiuvst laws for such overcharges relating to the particular good or services otherwise specified on this order. If permission is given to prepay freight and Outgo separately, the original freight purchased or acquired by the Purchaser pursarm to this purchase order. bill must accomoen , invoice. Additional chances for ouckine will not be accepted. Shipment Distance. Where manufacturers have distributing palms in varm. parts of the ..at,, shipment is expected from the nearest distribution point to datinmion, and excess fieigly will be deluded from Invoice when shipments are it, from greater distance. Permits. Sella shall procure at sellers sole cost all necam, permits, artifice. and licenses required by all applicable laws, regulations, ordinances and rates off, sure, municipality, territory an political subdivision where the work is performed, or required by any other duly constituted public authority hovm, junsdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by mason arm coastal or cou blishW violation of nny such laws, regulations, schooners, rates and reauirements. Authommion. All parties to this consumer agree that the nepresenutives are, in fact, born fide and passaw fall arm complete authority to bid said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the mnsu and conditions sated herein set tomb and any supplementary or ddltional terms and conditions annexal hereto or incoryomaed herein by reference. Any additional or different terms and conditions proposed by seller art objected to and hereby re are 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and perfmmance must be toff c ed within the time stated mar the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, wcepmnce of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchase, shall have, in addition to .,he, legal and equitable remedies, the option affirming Ibis oMer elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages ns a result of delays due m causes not reasonably Insatiable which are beyoM its reasonable control and without its fault ofnegligeneq such acts of God, sets ofeivil or military authonnes, govemem n al priorities, rims, strikes, rood, epidemics, wars or hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the period equal m be fins, acmzlly lost by,axmn afth, delay. 3. WARRAWY. The Seller warrants that all good, micl., mmenals and am& covered by this order will conform said, applicable drawings, specifications, samples and/or ofer descriptions giver, will be fit for the purpose intereded, ark performed with the highest degree of are and competence in accerM1 nce with «cep1W standards fro work of a similar nature. The Sella agrees m held the purchaser M1annl.s from soy lass, damage or expense which the Purchase, easy suffe, or incur no acaun, of the Sellers breach ofwar 1y. The Seller shall replace, repay or make good, without cost o the purchaser, any defects or firsts arising within one (I) year or within such longer period of iime m may Ise prescribed by law or by the rams army applicable warmmy provided by the Seller after the date of acceptance of the goods famished hereuMa (acceptance trot to be unre surnably delayed), resulting from importer or defective work done or materials famished by the Sella. Acceptance or use of funds by the Purchaser shall rot constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend N all damages proximately caused by the breach of any of the foregoing warranties or containers, but such liability shall in no event include lass of profits or lass of sex. NO IMPLIED WARRANTY 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal mars by within change order 5. CHANGES IN COMMERCIAL TERMS. The Pannell may make my changes to the seams, other Than legal mores, including additions to or deletions from the quantities originally ordered in the spre fiatiom or drawings, by vessel or written change order. If any such change affeds the amount due in the time ofpedoemance bersurder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pam,x,ar may at any time by writers change oMer, mrsinese this agreement aw to any or all portions of the good then not shipped, subject to any sryitable adjustment farmers the panic in to any work or =musk then in progress provided That the Purchaser shall rot be liable for any claims for anticipated profits on the uncompleted portion of the geed andlm work, for mail ] or consequential daring., and thal m such ralsournat be it, in tabor of Om Sella with sapert many good which are be Sellers standard nark. No such saturation shall relieve the Purchaser or the Seller ofany oftheir obligations as many goods delivered herewnder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted worse thimy (30) days form the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in stria compliance with all applicable laws end regulations to which the goods arc subject. The Seller shall e.,.is and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser hornless from all cosy and damages adhered by the Purchaser as a result of Be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign. transfer, or convey this order, or any monies due or m become due hereuttda without the Our wrinra comrat oFbc other party. 10. TITLE. The Sella warrants full, clear and um.tneted bar as the pardoner fro all equipment. materals, and items fumishN in performance of this agreement, f and clear of any and all has restrldions, reservations. security common racumbrenc. and claim. of ethers 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to coned nonconforming or defective good by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness no comply, the Purchaser may cause the work to be performed by the moor expeditious means available to it, and the Sella shall pay all casts associated with such work. The Sella shall release the Purchaser and its comments of any tier Imam all liability and claims of any nurture resulting from the performance crouch work. This release shall apply even f the event of fault of negligence of the parry released and shall extend to the diredors, oMe. and employers f..eh parry. The Sellers contramral obligations, including wasony, shall not be deemed .. be reduced, in any way, breause such work is performed or caused to be performed by the Purchaser. Id. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by lever, patent, trademark r copyright, the Seller shall indemnify and save harmless the purchaser from any and at I claims for infringement by reason of the use of such patented design, device, material or posttis in connection with the contmd, and shall indemnify the Purchaser for any cost, expense or damage which it maybe obliged to gay by reason of such infringement at any time during the prosecution or alter the completion of the weak. In exam said equipment, or any part thereof or the intended use of the goods, is in such suit held to canstimte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either posture for the Purchaser the right to continue using said mquipmen, or pans, replace the same with substantially equal bur noninGnging equipment, or modify it so it becomes mainfringing. 15ANSOLVENCY. If Be Seller shall become insolvent or bankrupt, make en amignmrnt for the benefit of mahmrs, appoint a or assume far any of the Sellers property or business, this order may forthwith be comedic by the Purchaser without liability. 16. GOVERNING LAW. The definitions of semis sued or the heteronomous argue agreement cad tic rights of all panics hereander shall be construed miler ark govi med by the laws off, State ofC.Imado, USA. The following Additional Conditions apply only in cases where the Seller is to perform wed; heeuuder, including the savic. ofS,llas Re mossin tive(s), on the premises of.drers. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sollars own disk wail the same is fully completed and accepted, and shall, in u of any accident, destruction car injury in the work and/or materials lief Sellers final completion and ccepmnce, complete the work at Sellers own expense and na the satisfaction of the Purchaser. When materials and equipment am furnished by others for installation or section by the Seller, the Seller shall receive, unload, store and handle some at the site and become responsible therefor as though such materials andfor equipment were being famished by the Seller undo the order. 18. MSURANCE. The Seller shall, at his own expense, provide for the payment of workers, compensation, including occupational disease benerts, to its employees employed on or in connection with the work covered by this purchase order, andor to their dependants in accordance with the laws of the sure in which the work is to be done. The Sella shall also arty comprehensive general liability including, but not limited m, contmmasl and automobile public liability insurance with balily injury and death limits of at least 5300,0oo for my one person. E500,000 for any mar accident and pmpmy damage limit per accident of S400,000. The Sella shall likewise require his consumers, if say, to provide for such compensation aM insurance. Before any of the Sellers or his wmreemm employees shall do any work upon the premises of ofer, the Seller shall famish the Purchaser with a ar ifcate but such compemation and insurance have been provided. Such certificates shall specify the date what such compensation and insurance have been provided. Such cenifiara shall specify the date when such compensation W insurance expires. The Seller agrees but such comperssadon and insurance shall be maintained unfit offer be ratite work u completed and scum ed. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entice respenceduliry and liability for any and all damage, loss err injury fany kind r nature whatsmver to persons or purpmy caused by or resulting from the execution of the work provided for in this purchase order as in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any r all of the Purchamrs officers, agents and employees fro end against say and all claims, loom, damages, charges or expenses, whether direct or indirM, and whether to persons or property to which the Purchaser may be pm or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his comments, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, a is oifum, is. or employees at arty time oa account or by mosen of any act, action, neglect, otcssion or default of the Seller of any of his contractors or any of its or their offers, agents or employees as aforesaid, the Sella hereby coreers to assume the defense thereof and to defend the same at the Sellers awn expense, to pay my and all costs, charges, attorneys fees and other expenses, any and all judgments that may he incurred by or obtained against the Purchaser or any of its or bar officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon o obtained against the property, of the Purchaser, or said parties in or as a result of such suits or other pro aship, do, Seller will at ome muse the same to be dissolved sal discharged by giving bond or otherwise. The Seller and his coamembrs shall take all safety precautions, famish and install all guord na., far the prevenfiov of accidents, comply with all laws and regulations with regard to safety including, but ambient limitmoo, the Overrun.] Safety aM Health Act of 1970 and all sales and regulations issued pursuant thereto. Revised 07R014