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HomeMy WebLinkAbout110962 BRODART - PURCHASE ORDER - 3215124PO PURCHASE ORDER 321512er Page C117/ of PURCHASE 15124 + of z FlirtCollins( his number must appear !V`I ` V " 1 1 on all invoices, packing sli s and labels. Date: 01/09/2015 Vendor: 110962 BRODART ORDER CENTER PO BOX 300 MC ELHATTAN PA 17748 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:pumhasing@fcgov.00m inicill��9 25,000.00 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. COMMERCIALDUAILS. Tax exemptions. By statute the City of Too Collim is exempt from state and local taxes. Our Exemption Number is It. NON WAIVER. 98-0 502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Producer to insist upon strict performance of the terror and conditions hereof, failure or delay to Internal Revers, Denver. Colorado (Ref. Coloado Revisal Sutures 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goads hereunder or approval ofthe desigq shall not release the Seller of Goods Rejeered. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of any of the warranties or obligations of this purchau order and shall not he deemed a waiver of any right of the damage in hermit, may be, mounted to you for credit and ate at to be replaced except upon receipt of written Purchaser to most .,on shim performance hereof or any oohs rights or remedies as m my such goods, regardless instructions form rise City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default heratual nor shall any puryorted oral modification at rescission of this pumhase order by the Purchaser titanium as a waiver of any of she terms Inspection. GOODS are subject to the City of Foil Collins initiation on arrival. hector. Final Acceptance. Receipt of the merchandise, services or equipment in resporae to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authored payment on the pan of the City of Fort Collins. Iloweven, it u to he understood that FINAL Seller and the Purchaser tampon, that in actual ec race practice, overchares gresulting (ram antitrust ACCEPTANCE is dependent upon compfion of all applicable requited inspection procedure. violations are in fact borne by rise Purchaser. Theretofore, for good cave and as consideration for executing this purchase order, she Seller bereby amigns to rise Purchaser any and all claims it may now have or hereafter Freight Tersm. Shipment most he F.O.B., City of Fort Collins, Tq Wood St., Fort Collins, CO 80522. unless acquired order federal or state mtiumt laws for such incubators relating to rise particular good, or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Practicer pursuant to this purchase orde, bill most rears manv invoice. Additional chances far pazkion will Out he accemed. Shipment Distance. Where manufmtmers have distributing point in wrims Pans of tbe country, shipment is expected f the neanst distribution point to datimtion, and excess freight will be continual from Invoice when shipments are made from greater distance. Pemdts. Seller shall procure at sellers sole cost all mceamry permits, certificates and liceana required by all applicable laws, regulations, on inconam and rules of the state, municipality, territory, or political subdivision where the work is performed, or required by any other duly constituted public authariry having jurisdiction over the work of vendor. Seller further agree a hold the City of Fort Collins harmless form and against all liability end Jos incurred by them by reason of on aowned or au malted violation of any such laws, regulations, omivnoes, role and requirerrtmts. Awd orration. All Firma m this eabount agree that the reprexenmriva ore, in fact, action fide and pawn.s full and complete authority to bind mid undies. LIMITATION OF TERMS. This purehae Under sp.ly limits comepana to the lama end conditions surd herein set fond nod any supplementary or additional trnns and conditions neutral hereto or incorporated herein by reference. Any ddtiaml or dift rmr terms and conditions proposed by sells are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you rommt make complem shipment to thrive on your promised delivery, data o noted. Time is of the essence. Delivery and perforrwrcc muss be effected within the time stated on the purchase Omer and the doummts attached hereto. No ace of the Purchasers including, without limitation, acceptance of partial late deliveries, shall comma as a waiver of this prevision. In the event crime, delay, the Forecaster shall have, in addition to other legal and crumble rcmedie, the Option of placing this order timeshare and holding the Sella liable far damages. However, fe Seller shall eat he liable for damages o a result of delays due m causes rat reasonable foreseeable which we beyond its reawrable council ad without its fault Of negligence, such acts of God, was ofcivil or military nufficon ies, govermmenul porches, fires, anikes, food, apidemia, wars err dots provided that notice of the conditions cooing such delay is given to the Purchaser within five (5) days of the Yore when the Seller first received knowledge thcaof. In the went of any such delay, the dam of delivery slmll be extruded for the period equal to the time actually lot by reason of the delay. 3. WARRANTY. The Seller warrants that all goad, enicles, materials and work covered by this order will conform with applicable drawings, a,mifimtioo, samples and/or after descriptions given, will be, fir for the purpoes intended, and performed with the highest degree of care and con,mon a in iteardanoe with aneepted woodams for work of a similar nature. The Seller agrees to hold the purchaser betmless from any loss, damage or expense which the Purchaser may suffer or incur on account Of, Sellers breach afwammmy. The Seller shall replace, repo it or make god, without war to the purchaser, my defeat or faults arising within one (1) year or within such longer pmod of Yore m may he presented] by law or by the terns of my applicable warranty provided by the Seller and the date of acceptance, of the good fmishd hereunder (acceptance not to be unreasonably delayd), resulting from imperfect in defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not onstimre a waiver of any claim Order this wafmnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guaraincecs, 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 a legal terms by waiden change order. 5. CHANGES IN COMMERCIAL TERMS. The trachoma may make any changes to the terms, other than legal terms, incltaunb' additions to m cklaions firm the quantities originally ordered in the specifications or drawings, by sabot or written change order. If any such change affects the amount due or the time ofpefformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change Order, immune, this agreement m to any or all Famous of the goods then not shipped, subject many equitable adjustment between the padiev as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the grad and/or work, for incidental or constitutional damage, and that an such adjustment be made in favor ofthe Seller with respect to any good which are the Sellers standard stack. No such munication shall relieve no Prontro r or the Sella of any oftheir obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or nomination is omered. S. COMPLIANCE WITH LAW. The Sella warrants Nat all goods sold hereunder shall have ban produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good arc subject. The Selltt shall execute and deliver web documents m may to required to cited or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are heaeby incorporated herein by this reference. The Seiler agrees to inelasticity and hold the Purchasm Iwmlas form all costs and damages suffered by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, vamfeq or county this time,, or any monies due or to become due heaunder without the prior worm commit ofthe other parry. 10. TITLE The Seller warrants Bill, clear and umestdcred tide to the Purchaser for dl equipment, ands ads, and items fmishd in performance of this agreement, free and clear of any and all Item, astimam o, reaervetim o, security interest encurrthfancaand claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser dinar the Seller to correct amnconforming Or defective goods by a date to be agreed upon by the Purchases and the Seller, and the Seller Hereafter indicates its inability Or unwillingness to comply, the Tattooer may come $a work to be performed by the mot expeditions means available to it, and the Seller shall pay all eosin as acimed with such work. The Sella shall release the Purchaser and its contractors of any tier for all liability and claims of any naturt resulting form she Performance ofsuch work. This ml. shall apply an in the event of fault of negligence of the party released and shall extend as she directors, efforts and employees of such patty. The Sellers contractual obligations, including warranty, shall rest be deemed to be reduced, in any way, Immune such work is performed or caused to be performed by the Purehmes. 14. PATENTS. Whenever the Seller is required ro rase my daigv, device, material or process covered by lever, parent, mwk mark r copyright, the Sella shall indemnify and rave harmlem the Purchaser for any and all clabru for iMivgerranr by reason of the me of such patented design, desire, material or proress in convection with the man=, and shall indemnify the Pachiscom far any can, expense or damage which it may be obliged or Pay by reason ofsuch infringement at my time during the Formation or after tM completion of rise work In case said compound, or any pan theater at the intended use of the good, u in such suit held to commode intoivgenrent and the use of said almpmenr m pan is joined, the Self shall, at its own expense sort at its option, either mcurs, for the Purchoef rate fight to continue using said equipment or pros, replace the same wish substantially Waal but noninfn'nging nluipmant, or modify it so it becomes mninfiinglug. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for she benefit of creditors, appoint a receives or commit for any of the Sellers property or boinacs, this Order may forthwith be conceld by rise Purchea without liability. 16. GOVERNING LAW. The definitions of renns used in rise ivrerpmariov ofthe agreement and the dghm of all parties hereunder shall be, mrstmed under and govemed by the laws ofthe Sate ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on rise premises cruisers. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until the same is Billy completed and accepted, and shall, in case of any accident, dstrution or injury to the work reactor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are fmishd by others for installation or creation by the Seller, the Seller shall receive, unload, store and handle vine at the site and become responsible therefor m though such materials and/or equipment were being famished "a Sella under the order. 18. INSURANCE. Ile Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase Omer, harbor On their dependents in accordance with the laws Of the sate in which the work is m be dove. The Seller shall also carry comprehensive general liability including, but not limiral to, cortmand and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, 5500,000 for any one accident and properly damage limit per accident of $400,000, The Sella shall likewise require his contractors, if my, to provide for such compensation ard insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall finish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date what such Ompemmion and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such mmpemation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assume the entire responsibility and liability for any and all damage, loss or injury of any kind thnature w1bromeva m usem persons or property cad by or resulting forthe execution office work provided for in is Forecast, Omer or in connection mewif. The Seder will indemnify and hold harmless the Purchaser and any r all of the Purchaers oBicem, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property, a which the Purchaser may be put or subject by reason of any act, action, naglen. omission or default oa the pan of the Sella, my of his contractors, Or any of she Sellers or convectors officers, agents or employees. In case any mit Or other proorealm s shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees as afomawd, the Seller hereby agrees to amrrme she defense thereof and to defend the warm at the Sellers own expense, to Pay any and all casts, changes, enancys fees and other expenses, any and all jdgmenls that maybe incurred by or obtained against the Purchaser or mY of its Or their officers, agents Or employes in such suits or other proceedings, and in case judgment or other lien be placd upon or obtained against the property oftbe Purchot, Or said parties in or o a result of such stairs or other proceedings, the Seller will at once cause the tame to be dissolved mat discharged by giving bond or otherwise. The Seller and his contractors shall take all mf e r precautions, f ish and moult all guards rrcessmy far We paramount of accidents, comply with of laws and regulations with regard to safety including, but wirhwt Iimimdon, the Occupatiool Safety and Health An of 1970 and all offs arnd ac afteioo imud Pursuant thetmo. Revisal 07R014