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HomeMy WebLinkAbout133513 CREATIVE DATA PRODUCTS - PURCHASE ORDER - 3215129Fort Collins Date: 01/09/2015 PURCHASE ORDER Vendor: 133513 CREATIVE DATA PRODUCTS 8 SUNBELT BUSINESS PARK DR GREENVILLE SC 29650 I PO Number Page 3215129 1 of 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. Line Description Quantity UOM Unit Price Extended Ordered Price 2015 ANNUAL ORDER FOR 1 LOT LS 25,000.00 GOODS & SERVICES �tr� '.I P14 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@fogov.com 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 exemptiom. By saute the City of Fort Collins is exempt from state aM local taxes. Our Exemption Nomber is 11. NON WAIVER. 98-0 502, FMnal Excise Tax Exemption Certificate of Registry 84-600058] s registered with the Collectm of Failure i fthe Purchaser to insist upon cunt performance of the terms ad conditions hereof, failure or delay to Internal Revenue, Dover, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein m by law, failure m promptly notify the Seller in me event of a breach, the acceptance ofor payment far goods hereunderm approval of the Mail,, shall ant m. the Seller of Gaud R jeered. GOODS REJECTED due to failure in meet specifications, eisha when shipped or due to defects of any of the wmmmies or obligations of Wis purchase order and shall scot be deemed a waiver of any right of the damage in Mush, may be returned to your for credit and are not a be nit except upon receipt of victim purchaer In insist upon strict PeRommznre hereof., any of its rights or remedies ss to any such good, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, to to my prior or subsequent default mangler. not shall my puryanal oral modification a a scion of this purchase under by the Purchaser .prate at a waiver of my of the terms Inspection. GOODS are subject to the City of Fort Collins mopecbon on arrival. harm(. Final Acceptance. Receipt of do merchandise, services or equipment in response to this .,der can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. endorsed payment on the pan of the City of Fort Collier. However, it is to be understood that FINAL Sella and the Purchaser recognise West in usual a is practice, o erchares gresulting from animus. ACCEPTANCE is dependent upon completion of all applicable retained inspection procedures. violations are in fact home by the purchaser. Thersafore,fn goad arse ad as consideration for seating this purchase order. me Sella hereby aasigns to We Producer any rod ell claims it may ,now have or hereafter, Freight Tams. Shipments must be F.O.B., City of Fort Collins, 900 Wood SL, Fort Collins, CO 80522. unless acquired unda federal or state antitrust laws for such overcharge, relating W me particular goods or services mherwise specified on this or if Permission is given to car pay freight and charge separately, hie original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most ucom unv invoice. Additional charges for mocking will not be invented. Shipment Distance. Where manufacturers have distributing points in various pans of me country, shipment is expected from me amrat distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. ParmN. Sella shall procure at sellers sale cost all necessary permits, cenifimres and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss ncurrM by them by realm of an asserted or established violation of any such laws, regulations, ordinances, rules and "itim orm. Authorization. All ponies to this contract agree that the representatives are, in fact, hana fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This purchase Order expressly limits accepoure to me terms and conditions stated herein set form and any supplementary or additional [arms and conditions annexed harem 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 cannot male complete shipment In, arrive on your promised delivery date as noted. Time is of the esserce, Delivery and performance must be effected within the time stored on the purchase order rod the dxummts mmched boom. No acs of she Pucchasm including, without Iimitation, commerce of panial late dellveda, shall operate za a waiver of this provision. In We cent affinity delay. Me Purchaser shall have, in addition to other legal and equitable remedies, me option ofplacing this order elsewhere and holding the Sella liable for damages. However, the Sella shall not Ire liable for damages as a result of delays due to causes no, mammbly foreseeable which art beyond its rersmmble conwl and without is fault of negligmc such anafGad, was ofavil military iuthmnfa i, governmental prioffifia,, stakes, Rood, epidemw. icsandsor or riots provided that notice of me conditions causing such delay is given to the Purchaser within five (5) days of me time when the Sena first received knowledge mermf. In the event of my such delay, me date of delivery shall be extended fan thep rind rgtal to the time actually ton by ream..fine delay. 3. WARRANTY. The Seller warrants that all good, articles, mmcnas and work aver by this order will conform with applicable drawings, specifications, temples and/or other descriptions given, will be fit for the pmpnsa intended, and pert ed with hie highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser hmmlas from any loss, damage or expne which me Purchaser may sullbr or incur on account of the Sellers breach ofwar unty. The Sellershall replace, repair or make goad, without cost to the purchaser. any defects or Emirs easing within one (1) year m within such longer period of time as may be prescribed by law or by the corm of my applicable warranty provided by the Seller after the dale of cceptanre of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials Pomishal by the Seller. Acceptance a use of good by the Primitive, shall not anstimte a wriver of any claim under this warranty. Except as otherwise pmvidcd in this purchase ardor, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties a guarantees, but such liability shall in no event include loss of profs of 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 terms by women change oder. 5. CHANGES IN COMMERCIAL TERMS. The Pumhnser may make any changes to rha menu, other than legal temu, including additiom to or deletions from Me quantities originally ordered in me spaifratiors or dawings, by verbal or wnnen change order. If any such change affects the amount due or the time ofpafonnanre hereunder, an equitable adjustment shall be made. 6.TERMINATIONS. The Pumbaser may at any time by written change coda, tcmtinate, this agreement as to any or all Factions of the goods then not shipped, subject to any cgrirable edjunmmt between me pi ns to any work or materials then in progress provided that me Purchaser shall not be liable for my claims for anticipated Profits on me uncomplaed portion of the goods and/or work, for incidental m amtyuemial damages, and that a such ar aftmmt he nude in favor of me Seller with taped to my goads which are me Sellers stendand stock. No such tmmioation shall relieve Me Putcha or Me Sella of myifineir obligations as to any goads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for mdjustmmt most be asserted within thirty, (30) days from We date hie change or foundation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in stud compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be, mr, iral 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 to indemnify and hold the Purchaser harmless from all toss and damages suffered by the Pumhazer u a moult of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior women convent oPhe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, matmals, and items famished in pm or . of this egreemen4 free and clear of any and all liens, restrictions, now.m., security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direcs me Seller to coned nonconforming or defective goads by a date to be agreed upon by me Purchaser and the Seller, and the Seller theraRm indicates Its inability or unwillingness m comply, the Pumhaser may cause the work to 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 Purchaser and its contactors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in me event of fault of negligence of the party released and shall extend to the directors, officers and employees crouch party. The Settees contractual obligations, including warranty, shall not be deemed to be reduced, in any way, becaux such work is performed or caused to be performed by she Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, normal a process covered by [error, patent, trademark or copyright, the Seller shall indemnify and save harmless me Purchaser from any and all claims for inGngrment by reason of the use of such patmted design, device, =tons] or process in connection with Me contract, and shall indemnify the Puchaser for any cost, expense or damage which it nay be obliged to pay by reason of such infringement at any time during me prosecution or aRer the completion of the work. In eau said equipmmL err any part thereof or the intended use of me goods, is in such suit held to constitute infringemrnt and me use of said equipment or Pont is enjoined, me Sella shall, at is awn expense and at its option, either procure for the Purehsser Me fight to continue using said equipment or prat, replan me same with substantially actual but fmninfrinein, maipmenL or modify it m it becomes wninfnnging. 15, INSOLVENCY. If me Seller shall become insolvent or bmloupr, nuke an aai,ormot for me benefit of creditors, appoint a receiver an wstm for any of the Sellers property, or business, this coder may fort he canmled by the Purchaser withom liability. I& GOVERNING LAW. The definitions ofums used or the interpretation ofine agreement ar i Me rights ofall panic hereunder shall be construed under and governed by the laws ofine Some cifCalmada, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hermader, including me services of Sellers Representncive(s), on the premises crashers. 17. SELLERS RESPONSIBILITY. The Seller shall terry on said work at Selleis awn risk =it the same is fully completed and accepted, and shall, in case of any accident, distinction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Selleis own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and became responsible theraor as though such materials and/or equipment were being famished by the Seller undo the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compersation, including occupational disease benefits, to is employees employed on or in connection with the work covered by this purchase order, enNor to their depndens in accordance with the laws of the state in which me work is to be done. The Sella shall also miry mmprehe live general liability including, but not limited to, contractual and automobile public liability mumentt with bodily injury and dram limits or to trust S300,000 for any one poison. S500,4000 for any am accident and property damage limit per accident of S400,000. The Seller shall likewise reprice his mmrxtom, if any, m provide far such compmsarion and insurance. Before any ofine Sell. or his amrartors empinyecs shall do any work upon the premisesof others, the Seller shall burnish the Purchaser with a cenifiente that such compensation and insurance have ban prorided. Such certifeata shall specify elm date when such ompasmtion and imsurmue have been pmvided. Such cortificrot shall specify me date what such ampemation and maramwe expires. The Sella agrees slut such rpmpmation and imsurarce shall the main uad until after me entire work u completed and accppted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby maanmes the entire responsibility and liability for any aM all damage, loss or injury of any kind or nature whasaver to persons or property aused by or resulting Item the execution of the work provided for in this purchase order or in annection herewith. The Sella will indemnify and hold bmmless me Purchaser and my r all of the Pumhasons officers, agems and employees from awl against any and all claims. Iaases, damages, charges or expeum, whether direct a indirat, and whams, to pasom or pcapacity m which the Purchaser may be, pm or subject by teamn of my act, action, neglect, omission or default on hie pan of me Sella, my of his contractors, or any of the Sellers or contractors oRc., agens or employers. In case my suit or other proceedings shall be brought against the Purchaser, or is officers, age= or amployas at any time on account or by mamn of my act, action, neglect, omission or default of me Sella of my of his contractors or my of its or their oMo., agents or employees is aforesaid, the Sella hereby start. to..me the defense Mora(and to defend the come al me Sellers own expanse, to pay any and all toss, h.,,a, amomeys fees and other mpnsrs, any and all judgments that may be incised by or obtained against the Puchaer or my of its or their officers, opens or employees in such suits or other proceedings, and in case judgment at rimer lien be placed upon or obtained agaimt the property of the purchase, or said parties in or as a fault of such suits or other proceedings, the Seller will at once Cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and irmall all guard necessary for me prevention of accidens, comply with all laws and regulaliom with regard to safety including, but without limitation, the Occupational Safety ad Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 09n014