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HomeMy WebLinkAbout339171 COLORADO LIBRARY CONSORTIUM - PURCHASE ORDER - 3215126Fort Collins Date: 0110912015 Vendor: 339171 PURCHASE ORDER COLORADO LIBRARY CONSORTIUM 7400 E ARAPAHOE RD SUITE 75 CENTENNIAL CO 80112 PO Number Page 3215126 10f2 This number must appear on all invoices, packing sli s and labels. 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. Quantity Extended Line Description Ordered UOM Unit Price Price t 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 40,000.00 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 exemptions. By so ute The City of Fort Collin, is exempt firm some and local taxes. Our Exemption Nomba is 9844502. Federal Excise Tax Exemption Certificate of Registry M-5000587 is regim mod with the Collector or Intrnatl Revenue, Denver, Coloado (Ref. Colorado Revised Statutes 1973. Chapter 39-26,114 (Q. Goods Rejected. GOODS REJECTED due To failure to meet specification, either whom shipped or due m defects of damage in tradrit, may be rmuved to you for credit and art not m be replared except upon receipt of written instructions Boom the City of Fort Collins. Inspection. GOODS are subject to the City ofFon Collins inspection on arivol. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can rtssit in authorized payment on the part of the City of Fort Collins. However, it is in be understood that FINAL. ACCEPTANCE is dependent upon completion ofell applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, Talent otherwise specified tea this order. If permission is given Ica prepay freight and charge separately, The original frtight bill must accompany invoice. Additional charges for packing will Out be accepted. Shipment Disburse. Where mznufamuren have distributing points in warimas part of the, country, shipment is expected firm the nwrwr donibutiou point To destination and excess freight will be deducted Now Invoice when shipments are made tram greater distanu. Permits. Sella shall Furnace at sellers sole cost all meumry Firm., certificates and licmsa rtquired by all applicable laws, regulations, ordinances and rules of the state, municipality, Territory or political subdivision where The work is performed, or requited by my offer duly constituted public authority hsimidi urisdiction over the work of vendor. Seller Night, moves to hold the City of Fort Collins Formless form and against all liability end Ions incurred by Them by reaoo of an assents or established violation of any such laws, regulations, ordinances, codes and requirements. Authorization. All parties to this coneact agree that the represenNtives are, in fact, bone fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance to The a ms and conditions stated herein set path and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you taming make complete shipment to arrive an your promised delivery time on noted. Time is of the essence. Delivery and performance must be eR red within the Time somed on the purchase order and the documents atached hereto. No act of The Purchasers including, without limitation, acceptance mraimal me deliveries. shall operant as is waiver ofids provision. In the an of any delay, The Purchaef shall have, in addition m other legal and equinble remedies, the option of placing This order elsewhere and holding The Seller liable for damages. However, the Sella shall not he liable fir damages as a await ofdelays due to causes not reasonably foreseeable which arc beyond in reasonable mntml and without in fault oftaegligmce, arch acts id God, act is civil due mBimry euthomi g govemmmTal given tocTh Gres, strikes, Boos, five (5) w, wofthe dot provided that notice of the wnditiom causing such delay is given m dsc Pumhaser wiW a five (5) days of the time when The Sella Gm ml a the knowledge y last b In the evem of el y such delay, ffe doge of delivery shall be extended for The period wool to the time admlly lost by reason of the delay. 3. WARRANTY. The Sid let warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples repair other descriptions given, will be fit for 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 to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellersbreach of waranty. The Sella sFWI replatt, repair or make good, without cast to the purchaser, my defcts or fault arising within one (I) year or within such longer period of time in may be prescribed by law or by the terms ofany applicable warranty provided by she Seller after the date of acceptance of the good fumshed hereunder (mcepTana not to be unreasonably delayed), resulting from imperfect or defective work done or materials finished by The Sella. Acceptance or use of goods by the Purcbazer shall not con, druse a waiver of any claim andar This waranry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend 1w all damage proximately caused by The breach of my of the foregoing wismnder or guaramces, but such liability shall in TO event moment loss ofpmfim or loss of we NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases my make changes to legal now by women change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal reran, including additions in Or deletions tram the quantities originally ordered in the specifications or drawings, by verbal or wrinen change orderif any such change affects the amount due or the time of performance hereunder, an equitable adjummmt shall be Trnde. 6. TERMINATIONS. The Purchaser may at any time by canner change Omer, tetrninate This agreement ns to any Or all portions of the good then not shipped, subject To any wumble adjustment between the parties as o my wok or materials then in progress provided flat dse Purchaza shall nor be liable for my claims for anticipated profs on me Uncompleted portion of the good andfor work, NOT Occidental or consequential damages, and That an such adjustment be made in favor of the Seller with respect To my good which we the Sellers smndam stock. No such termination shall relieve the Purchaser or the Seller of my oftheir obligation, as to my goods delivered heremda. 9. CLAIMS FOR ADJUSTMENT. Any claim fir adjournment man be assened within Thirty (30) days Brous the date the change or nomination is omcrd. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have bean produced sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good me subject. The Sella shall execute and deliver such douments as may be rwuins4 to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of This character are hereby incorporated herein by this reformat. The Seller agrees no indemnify and hold the Purchaser harmless from all costs and damages suffered by The Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pay shall assign, trun,@a or convey this Order, or my monies due or to become due hereunder without the prior wrinen coment ofthe other party. 10. TITLE. The Seller wamnn full, oleo and unresolved tide To the Purchaser for ell equlpmmt, matmah, add it. famished in perfn. of this agreement, fide and clear of my will all liens, restrictions, resonation,, security interest mcmnbrnces sod claims f.them, 11. NONWAIVER. Failure of the Purchaser inerform Town upon voice pance of the nunn, s and conditiohereof, failure or delay to exercise any rightsanomalies remedies provided homin of by law, failure to promptly many The Seller in the event of a bceach. the weeptance aforpsyment for goods hereunder m approval ofdw design, shall not release ffe Seller of any of TM warranties or obligations of Nis purchase order and shall nor be deemed a waiver of any Tight of the purchaser, o insist upon mein manna laertof or any of its ngM1t m remedies az to any such good, regardless of whir shipped, received or accepted, as to any prior or wassequend default hereunder, nor shall any pospened am[ modification or rescission of This purchase order by the Purchaser operate as a waiver of any of The tenses hermf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in actuai economic practice, n ecluxles nwuhing from mtitorn violmloas are To fact home by The Puchaet. Thnrtofore, for goal cause unit as consideration for executing This purchase order, The Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state amimtst laws for such overcharges relating to the particular good or services purchased or acquired by The Purchaser Forward to this purchase Omer. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthr Purchaser direns the Seller to comet nonconforming or defectve goods by a date to be agreed upon by The Purchaser and the Sellm, rant the Seller thenmaer indicates its inability or unwillingness to mmply. the Purchaser may cause the work to be parliament by The most expainows means available an it, and ffe Seller shall pay all cos. cormo nisi with such wvrk. The Sella shall release the Purchaser and its contnemrs of any net firm all liability and claims of any venue resulting from the pert ance of such work. This release shall apply even in The event of fault of negligence of the patty released and shall extend to the dinamrs, oRcers and employees of such Party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or armed to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is cororal to use any design, device, material or Fusion covered by letter, patent, trademark or copyright. the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of The use of such patented design, dwice, mmerial or provers in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during rise Formation or aftes The completion of The work In case said wuipmcnt. or any Fan thereof or the intended use of the goads, is m such suit held m constitute infringement and the au of mid equipment or pans jawed, the Sella shall, at it own expense and at in option, tither procure for The Purchaser The night to continue wing said wuipmmt or parts, replace the same with substantially equal but noninfringing equipment, or modify it m it became noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent Or bankrupt, make an assignment for the benefit of creditors, appoint a noterva or trustee for my of the Sellers popery, in business, Nm This order ay forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of temvs wed or the interpretation ofthe agreement and the rights ofall ponies hereunder shall be construed under and govrmed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreuntative(s), on the premises ofother. 17, SELLERS RESPONSIBILITY. The Sella shall wary an said work at Sellers own risk until the same is fully completed and wattled, and shall, in ase of my accident, destruction or injury to the work and/or nationals before Sellers final completion and wecpaarna, complete The work To Sellarx own expense and m the satisfactioa of the Purchaser. When materials and wuipmom ore f isbed by others for imnllarkm or erection by the Sella, the Sella shall receive, mlwd score and handle acme in the site and beoome, impossible Wemfw as though such mmmaH andfor wuipment were being Pomished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for Jae payment of workers compensation, including occupational disease benefits, to in employees employed on or in connection wish the wont covered by this purchase order. and/or to Their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not hicand To. cnnoac usi and automobile public liability insurance wads bodily injury and death limits of as least b30O.md for any one Person, s500,000 for any one accident and propedy damage limit per accident of $400,000. The Seller shall likewise Tornio, his connotation, if any, to provide for such compensation and imumnce. Before Tiny of The Sellers or his contractors employees shall do any work upon the premises of others, the Seller dull famish the Purchaser with a ceniGcate that such compensation and issuance have been provided. Such mtificates shall specify the date when such compensation and insurance have been provided. Such emificater shall specify the date when such compensation nd insurance expires. Tax Seller agrees that such compensation and immune shall be maintained until after the rnfoe wok is completed anal mmpted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the cam, responsibility and liability for any and all damage, loss err injury ofmy kind or nation, whatswever to persona or property, nosed by or resulting from the execution of the wok provided for in This purchase order or w connection herewida. The Sella will indemnify said hold harmless the Purchaser and my or all of The Puchaers officers, agents and employees from and against my and all claims, lasso, damages, charges m expenses, whether direct or ind oom. and whether to persons or property as which the Purchaser may be put or subject by ocawn of my s , action, neglect, omission or default on the Inn of the Seller, my of his contractors, or my of she Sellers or common often, agents in employees. In case my suit or other proceedings shall be brought against the Purchaser, or its often, agent m employees at my time on account of by reason of my cam. action, neglect, omission or default of The Seller of any of his contanors ar any of its ate their ofttrs, agents or employees in aforesaid the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn expense, to pay any, and all costs, <borgw, attorneys fees and other expenses, any and all judgments 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 case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a rows t armada suits or oNa proceedings, the Sella will at once cause The same to be dissolved and dischargN by giving bond or otherwise. The Seller and his contractors shall Take all safety precisions, famish will install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, best without limitation, the Occupational Safety and Health Act of HGO and all rules and regulation issued persmnt thereaa. Revised 072014