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HomeMy WebLinkAbout498468 INFOGROUP - PURCHASE ORDER - 3215131Fort Collins Date: 01/09/2015 Vendor: 498468 INFOGROUP LIBRARY DIVISION PO BOX 957742 ST LOUIS MO 63195-7742 PURCHASE ORDER PO Number Page 3215131 11ef2 This number must appear on all invoices, packing slips 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 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.com 1 LOT LS 40,000.00 Total $40,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522.0580 Page 2 of 2 I. COWMERCIALDEInAIIS. Tax exemptiors. By sedate the City of Fear Collins is exempt fmm state and [mat taxes. Our Exemption Number is 984s4502. Federal Excise Tax Exempran Candidate of Registry M600o587 is tegi ami with the Collator of Intemal Revenue, Dover, Colorado (Ref Colorado Revised Scrums 1923, Chapter 39-26, 114 dd. Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be rammed to you for credit and we not W be replaced except upon receipt of written intimations from the City of Fort Collins. Inspection GOODS arc subject o the City of Fort Collins inspection on arrival. Final Acmi ane. Receipt of the merchandise, services or equipment in response to this order can result in authorised payment on the pan of the City of Fort Collin,. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection pmcedums. Freight Tem. Shipments most be F.O.B., City of Fort Collin, 200 Woad St. Fon Collins, CO 80522, unless otherwise specified on this order. If permission is given to paapay freight and charge separately. be original freight bill mutt accompany invoice. Additional cherges far Parking will not be accepted. Shipment Daasm, Where mavufacmrers have distributing points th various pans of the country. shipment is expected fmm the nearest distribution point W dctiwtion, and excess freight will Is, deducted from Invoice when shipments art made from greater distance. Permit. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, reb lotion, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, nor required by any other duly constituted public authority having jurisdiction over the work of vendor Seller further agrees to hold the City of Fan Collins harmless from and agalast all liability and loss incurred by them by mason of an asserted or established violation of my such laws, regulations, ordinances, dales and mquiremenes. Authorization. All parties to this contract agree that the represenatives are, in fart bon fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order espmasly limits acceprm¢e - the terms and condition sated herein sex fond and any supplementary or additional a. and conditions annexed hereto or incorporated herein by rd'ertnce. Any additional or difeead arms and conditions proposal by seller are&jeered to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete additional to arrive oa yam promised delivery date as acted. Time is of the essence Delivery and pedomuanea most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of pmial late deliveries, shall operate as a waiver of Nis prevalon. In the event of any delay, the Purchaser shall have, in addition W other legal and equitable remedies, the option cf placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its momnable control and wiffma its fault of negligence, such acts of God, acts ofcrvll or military authorities, govemmenml priorities, fares, strikes, flood, epidemics, was or dots provided that notice of the conditions causing such delay is given to the purchaser within five (5) days of the time when the Seller fiat received knowledge thereat. In the event of my such delay, the date of delivery shall h extended for the period equal to be time -Wally last by reason of the delay. 3. WARRANTY. The Seller ads. that all goods, articles, mareriah and work covered by this order will conform with applicable drawings, specifications, samples archer other description given, will Se fit for the purposes intended, and perl6rrned with be, highest degree of care and competence in accordance with adapter stammer fur work of a similar mture. The Seller, agrees W hold the purchaser harmless from any loss, damage or expense which be Purchaser may suft or incur on account of the Sellers breach of wementy. The Seller shall replace, repose mistake good, without cost to the pumhaseq any der, cb or faults arising within one (I) year or within such longer period of time m my be presmbed by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the goods Famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not ontidam a waiver of any claim under this warmnly. Except as otherwise provided in this purchase ,We,, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may it, changes to legal lama by written chmgc other. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make tiny changes to the tams, other ban legal term, including ndddions to or deletions fmm the quantities originally ordered in the specifications nor drawings, by verbal or —am change order. If any such change afces, the amount due ar the time ofperf endance hcaunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by viatica change order, terminate this agrecmem as to any or all ponioas of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable far any claims for mticipmed Froths oa the uncompleted portion of the goods and/or wok, for incidental or consequential damages, and that no such adjnhnent be made in favor of the Seller with respect to any goads which me the Sellers standard slack. No such termination shall relieve the Purchaser .,,he Seller army of their abligmiom as to my goofs delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assumed within thins (30) days from the date the change or rearnicasion u ordered. 8. COMPLIANCE WITH LAW. The Sella warrants but all goods sold hcrom icr shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods aft subject The Seller shall excuum and deliver such docum ers as may be, required to elect or evidence compliance. All laws and regulations required to be himpromad in agree rmars of this chamcta me hereby irem poma i herein by this reference. The Seller novas to indemnify and hold the Purchaser harmtcss fmm all costs and damages sulPered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pony Shall assigns transfer, or convey his order, or any monies due or to become due hereunder without be prior written consent of the other party. 10. TITLE, The Sella warrants fall, clear and unrestricted title to the Purchaser for all equipment, materials, and items bombed in performance of this agreement, free awed clear of my and all tiers, restrictions, aeseavarions, sccudry interest mcumbmnces and claims o f others. I L NONWAIVER. Failure of the purchaser to insist upon strict performance of the termsand ambitious lam of failure or delay to exercise my rights or remedies provided herew an by law, reduce to promptly may the Sauer in the event of a owned, the acceptance afar payment far goods hereunder or approval of the desige, shill not release the Seller, of my of the andanties an obligations of Its purchase order and shall not he deemd a waiver of any right of the purchaser to insist upon staid performance her a for any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default herewder, nor shall any purpomed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Puahaxr recognize that in actual economic practice, momeadges resulting too- mtitnut violations art in fact home by the purchaser. Theretofore, for good cause and as consideration for exewring this purchase order, Ion Seller hereby assigns w the Parehaser my and all claims it may now have or hereafter acquired under federal or stare antitrust laws for such overchvga reusing to the particular goods or services purchased or acquired by the purchaser pursumt to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Hire Purchaser directs the Seller to answer nonconforming Or defective goods by a date to h agreed upon by the puaersom and the Seller, and the Sella thereafter indicates its inability or unwillingness W comply, the Purchaser may moose the work ire be, performed by the most expedition mean available to h, and the Seller shall Pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of my tier fmm all liability and claims of any nature resulting from the performance fsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employes of such pray. The Sellers contractual abligotions, including wantonly, shall not the banned to be reduced, m any way, because each .,it is performed or ..it to ba performed "a Panclaussar. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covened by Israel, patrnl raadrnuk or copynghL the Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement by renown of the use of such patented deiga, device, material or process in cremation with the random, and shall indemnify the Purchaser for my cost, expense or damage which it may he obbged in pay by rcawn of such infringement at any time during the prosecution or after be completion of the work. In case said equipment, or my pan thereof or the intended use of the goods, is in such suit held to wntimm infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and in its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but naninfdnging equipment, or modify it so it becomes noninMnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for be benefit of creditors, appoint a receiver nor trusttt for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 161 GOVERNING LAW. The dermitions ofee. asad Or the iwwFwwmr afbc agreement and be rights ofail tansies hereunder shall h construed under and governed by the laws ofthe Some OFColoedo, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunda, including be smica of Sellers Reprs andise(s), an the pmnims ofothars. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work ar Sellers own risk until the came is fully completed and accepted, and shall, in case of any accident, destruction or injury in the work major materials before Seller's final completion and micepmneq complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment we fumishol by others for modulation or erection by the Seller, the Seller shall receive, unload, sure and handle same at the site and become responsible therefor as though such materials major equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers campensatiom including occupational disease Imports, to its employees employed an or in connection with the wok creered by this purchase Order, anchor to their dependents in accordance with be laws of the state in which be wok a to be, dare. The Seller shall also awry comprehensive general liability including, but Out limited to, contractual and automobile public liability welcome wish bodily m ury and death limits of at least 530(,OCa for any one person, 5500,000 for any am accident and property damage limit per accident of S400,000. The Seller shall Ikewiu require has concreactom if any, to provide fen such compenuation and Insurance. Before any of be Sellers or M1a contractors employees shall do my work upon the premises of offers, the Seller shall famish the Puchaer with a certificate that such compensation and miumme, have bean provided Such certificates shall specify be date when such compensation and insurance have been provided. Such demarcates shall specify the dale when such compensation and imam nce expires. The Seller agrees that such compensation and insurance shall he malnclaed until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the be responsibility and liability for any and all damage, loss m injury of any kind r mature whacmver to prawn or property caused by or ramping fmm the execution ofthe wok provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my on all of the Purchasers officers, agents and employees from oral against my and all claims, Imes, damages. charges or expnses, whether direct or indirect sad whether W person or pmprny W which the Rreducer may he put or subject by reason of any am, action, neglect omission or default on the part of the Seller, my of his wmrzetors, or any of the Sellers or contractors oltittrs. agents or employees To ease my suit or other proceedings shall be bmughl against the purchaser, or its oMe., agents or amployas at any time on -wool or by reason of any acL action, milled, omission or default of the Seller of my of his contractors an my of its or thew officers, agents or employees as aforesaid, the Seller hereby agrees to assume be defense thereof and to defend the were in the Sellers own expense, to Pay any and all costs, charges, anomeys fees and other expenses, any and all judgmenes 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 result of such sides m other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seiler and his contractors shall take all safety precaution, famish and moved all gunrds necessary for the prevention of accidents, comply with all lows and regularions with regard to safety including, but without limitation, be Occupational Safety and Health Act of 1920 and all toles and regulation issued porsumr themo. Revised 07=4