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HomeMy WebLinkAbout490605 BIBLIOTHECA ITG LLC - PURCHASE ORDER - 3215123PURCHASE ORDER PO Number Page City. of PURCHASE 15123 + of z `t Collins/ Vhis number must appear ` 1 1 on all invoices, packing sli s and labels. Date: 01/09/2015 Vendor: 490605 BIBLIOTHECA ITG LLC 3169 HOLCOMB BRIDGE ROAD SUITE 200 NORCROSS GA 30071 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 1 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.wm 1 LOT LS 20,000.00 Total $20,000.00 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. COMMERCIALDETAIIS. Tax exen thiom. By,.. me City of Fort Collins is aemps f state and Ideal tram. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry, 84-600058] is registered with the Collector of Failure of the er purchasm insist upon suin per( ce writhe terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Samna 1923, Chapter 39-26. 114 (a). exercise my rights in remedies provided herein or by sew, failure to promptly notify the Seller or the event of a breach, the mcep se ce ofo, Man for goods hereunder or eppmval ofthe design, shall no[ release in, Sella of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to def e, of my of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in most, may be returned to you for credit and are Or ro be replaced except upon receipt of written Purchaser to insist utin strict performance hemof or my of its rights or remedies Or to my such goods, regardless instructions from the City of Fell Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported anal tradition lion or rescission of this purchase order by the Purchaser operate a a waiver of my of the karts Inspection. GOODS are subject an the City of Tom Collins inspection on arrival. hemof. Final Acceptance. Receipt of the merchandise, savicm or equipment in rmpotsse to this orde can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on me For of the City of Fort Collins. However, it is to be understood that FINAL Seiler and the purchase recognize that in actual c mmmic pressure, immunities resulting from antivust ACCEPTANCE is dependant upon completion of all applicable required inspection procedures. violations are N Gar home by the Purchases. Therororom, for goad come, and as consideration for executing this purchase order, the Sella hereby acsigre to the Purchaser any and all claims it may rwsv have or hereafter Freight Tams. Shipments muss be F.O.B., City of Fear Collins, 7M Wood St., Tom Collins, CO 90522, unless acquired ruder federal or state mtibust laws for such overcharges relating to the panicular goods m services otherwise specified on this media. If pmnissim is given a prepay freight and charge separately, the oigical freight purchased or acquired by the purehazn personal to this purchase order. bill must accom.anv invoice. Additional charcm for wsckme, will not be Heeled. Shipment Distance. Where arms fmmrers have distributing points w vanoal pans of the country, shipment is expected from the nearest distribution point to datimtion, cod excess freight will be deducted fmm Invoice when shipments are made from great, distance. Perot. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates ofthe state, municipality, territory or political subdivision where the work is pafarmN, or required by any other duly torsouted public authority havingjunsdictian over the work of vendor. Seller further agrees to hold she City of Fart Collins harmless from anal againt all liability ad lass incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, roles raj requirements. Aulhoriution. All parties to cuts contract agree chat the reloaran bee, are, in fact, bum fide and possess full and complete authority to Wad said pmia. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terea and coditions stated herein set forth and my supplementary, or additional terms and conditions annexed hereto or incoryoraad begin by reference. Any additional or different erms and conditions proposed by seller ore objected to and hereby mated. 2. DELIVERY. PL12ASE ADVISE PURCHASING AGENT immdiately ifyou cannot make complete shipment m arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effectad within the time staled on the purchase order and the documents attached hereto. No an, of the Purchasers including, without limitation, aeceptnre of partial late deliveries, shall operate as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition to ocher legal and equitable remWies, the option of placing this order elsewhere and holding the Seller liable for dmnaga. However, the Seller shall ant be liable for damages as a result of delays due to minas not reasonably foreseeable which tic beyond its rmsowble control and without its fault of negligence, such acts of God, erns of civil or military amhomies, imearnmenal priorities, hat, strikes. Hood, epidemics- wars or riot provided that notice of the conditions musing such delay is given to me Examinant within five (5) days of hie e limwhen he Seller first received knowledge thereof. In me event of my such delay, the dare of delivery shall be extended for the period equal to the time acmolly lost by eeamn of me dot,. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andtor other descriptions given, will be fit for the purposes intended, and performed with me highest degree of care and competence in accordance with accepted standards for work of a mile nature. The Sella agrem to hold the purchaser harmless from any loss, damage or expense which the Purchaser may sufferer incur on account orlb, Sellers breach of wmrnty. The Seller shall replace, repair or make good, without coal to me purchase, my defects or felts arising within one (I) year or within such longer penal of time a may be preseit by law or by the isms of my applicable warranty Provided by Bre Sella site, am date of accepssnee of me goods famished hereader (accapunce ant to be unreaorably delayed), rauhm, from imperfect or defective wank done or maerials famished by me Sella. Acceptance or use, of good by the Purchaser shall cal constitute a waiver of my claim major this memory. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately ca osd by the breach of my of case foregoing wsom nties or gumamas, be, such liability shall in no event include 1. of profits or lass 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 terns by written change arder. 5. CHANGES IN COMMERCIAL TERMS. The Purchaer may make any changes an the terns, other than legal terms, including additions m or deletions fmm the quantities originally oNeml in the specifications, or drawing, by vcroal or written change orderif any such change aH'ece, the amount due or the Jinx of performance hereunder, an Notable adjustment shall be node. 6.7ERMMATIONS. The Purchaser may at any fine by written change order, uncommon, this agreement as to my or all portion of the goods then not shipped, subject to my equitable djustmmt behseen the penis as to my work or materials risen in pmgress provided that me Purchaser shall not be liable for any claims for anticipated profits on me uncompleted Portion ofthe goods insurer work, for incidental or wmma, ential damagca, and that no such djmtmm[ he made in favor of the Seller with reseal to any goods which any me Sellers standard stock. No such termination shall relieve the Purchaer or the Seller of any of their obligations as to my goods delivered hereunder. 9. CLAIMS FOR ADWSTMENT. Any claim for adjustment most be warned within thirty (30) days front the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Sella wmants thin all good sold hereunder shall have been produced, sold, did veed and f 'shed in inner compliance with all applicable laws and regulations to which the good ere subject. The Seller shall execute road deliver such ddewnmts as may be required to left or evidence compliance. All laws sod regulations required a be incorporated in agreements of this character art hereby mooryormd herein by this acbreme. The Sella agrees m indemnify and WId the Purchase, hernlms floor all mots and damages suffered by the Purchaer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall design, practice, or convey this order, or my monies due or to become due hereunder without he prior written consent ofthe other parry. 10. TITLE. The Seller warrents full, clear and unrmnictd title to the Purchaer for all equipment. materials, and items famished in Performance of this agreement. free and clear of my and all liens, rao-inioa, reservations, security interest mcumbmmm and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaer and the Seller, and the Seller themner indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all costs armaimcd with such work. The Seller shall release the Purchaser and its contractors of any tier film all liability and claims of any nature resulting from the performance of such work. This release shall apply even in she event of fault of negligence of the parry released and shall extend b the di ...... Boers and employees of.mh Early. The Settees antme[ud obligations, including wamnty, shall not be darned to be eWmed, in my way, because such work is Performed or caused to be performed by the Pumbee, 14. PATENTS. Whenever the Seller is ""red to use my design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purcbaser wan any and all claims for mGngement by reason of the use of such patented design, device, maerial at 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 infringemcm at my time during the prosecution or after the completion of the work. In case said ex dionmt. or any pan thereof or the intended use of the gads, is in such suit held to cowlimb infringement and the use of said equipment or pan is joined, the Sella shall, at its own expense and at its option, either promise for the Purchaser the night to wminue using said equipmmr or pans replace the same with substantially board but notthdringing equipme d, or modify it co it beconta oorunfringivg. 15. INSOLVENCY. If the Sella shall become insolvent no baJtrapt. make an assigm ant for the benefit of creditors, "Or a creaser or marme f any of te hSellers property or husiness, this order may f fi with be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of sears used or the interpretation of me agreement and the rights of all ponies hereunder shall be arectmN under and governed by the laws ofthe Satre ofC.Inrad., USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenativc(s), on me premises of others. 12. SELLERS RESPONSIBILITY. The Sella shall carryon said work at Seller own risk and the same is fully complecd ad accepted, and shall, in ace of my accident. destruction or injury to the work and/or macnah before Sellds final completion and accep.. romplem the wort: or Seller, own expense and to the scratch. of the Purchaser. What ma,nals and equipment are terminated by others for installation or erection by Ore Sella. me Sella shall receive, -load, store and handle same at the site and become responsible therefor a enough such ma oreah labor equipmms seem being famished by the Seller under Bre maker. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occup omial disease benefits, to its employees employed on or in connection with the work covered by this purchase orde, ardor to their dependents in accordance with the laws of the state in which the work is as be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contract -I and automobile public liability insurance with hands, injury and death limits of at least S300.000 fur any one person, S5W.dW f any one accident and property damage limit per ha dled of 5400,IXlO. The Sella shall likewise require his asurnaos, if any, to provide far such conalconsiom and iaurmce. Before my of the, Sellers err his contrcors employees shall do my work upon the premiss of others, the Sella shall famish the Purchaer with a certificate most such compensation and insurance have ben provided. Such certifican shall spaity the dare when such rompewation and insurance have been provided. Such certificates shall specify the do,, when such compensation wd insurance expires. The Sella agrees the, such compensation and insurance shall be mainaind until aria the attire work is completed and accepted. - 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility asu liability for my and all damage, loss or injury of any kind or nature whatsoever a persons or property caused by or mulling from the execution of me work provided fat in this purchase order or in connection herewith. The Seller will indemnify and hold hrnnless me Purchaser and my or all of the Purchasers officers, agents and employees from and agmrst my and all claims, losses, damaga, charges Or expenses whether direct or indirect, and whether m persons or property, to which the Pmcuae may be put or subject by ream. of any act, action, negless. omission or default on me pan of Bre Sella, any of has contractors, or my of um Sellers or cons mmus officers, agents or employtts In case my suit or other proceedings shall be brought against the Purchaser. or its officers, agents M employees at my time on acw-t or by mason of my ant, action, neglect. Omission or default of Bra Sella of my of his contrsnOrs or my of its or their officers, egevts or employees as aforessid, f Sella hereby agrees or assume the dcfelse thereof and an defend the same at the Sellers own eapene. m pay my and all rows, charges, atumcys fees and Omer expenses any and all judgments that may be incurred by or obtained against do, Porehaa at my of its or their officers, agents or employees in such suits or other prcoedings, and in case judgment Or Omer lien be placed upon or obtained against the property of the Purchaer, or said panim in or or a msult of such suits or other proceedings, the Seller will at once cause the same to be dissolved cod diachargd by giving bond or Otherwise. The Sella and his contractors shall take all safety prasulions, furnish and install all g-rds necessary for me prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1990 and all rules atd regulations issued processor Brennan. Revised 07nG14