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HomeMy WebLinkAbout490182 LIBRARY IDEAS LLC - PURCHASE ORDER - 3215132Fort Collins Date: 01/09/2015 Vendor: 490182 LIBRARY IDEAS LLC 333 MAPLE AVE EAST #105 VIENNA VA 22180 PURCHASE ORDER PO Number Page 3215132 left 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 30,000.00 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 Total 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 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins u exempt from state and lard axes. Our Exemption Number is 11. NONWAIVER. 98A 502. Federal Excise Tax Exemption Cedificam of Registry 84-6000587 is registered with the Collector of Failure of the Em deser to insist upon shirt performance of the terms anal conditions Minn(, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26,114 (a). exercise any rights or rmnedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in tmmit, may b< rimmed to you for credit and are not In be replaced except upon receipt Of written purchaser to insist upon strict performance heseafor any of its rights or remedies as many such goads, regardless instructions from the City of Fon Culling. of when shipped, received or accepted, as to any prior or subsequent default hereunder, we shall any Imported oal modification or rescission of this purchase order by the P<mhauf operate as a waiver of any of the terns Inspection. GOODS are subject to the City of Fan Collins inspection on ar 1. hereof. Final Acceptance. Receipt of the merchmdise, services or equipment in response to this onver rat mull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised paymmt on the pan of the City of Fort Collins. However, it is to be addersmod that FINAL Seller and the Purchaser migab< that in mend a nomcec practice, overcharges resulting from antionat ACCEPTANCE is dependent upon completion of all applicable requimed inspection procedures. violations are in fact frame by the Purchase. Thcremfone, for good muse and as consideration for executing this purchase order, the Seller hereby resigns to the parchasa any staff all claims h may now have or hedeaffr Freight Terms. Shipments most b: F.O.B., City of Fort Collins, 700 Woad St., Fort Collins, CO 80522. unless oNervnse specified on Ns order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for Packing will not b, accepted. Shipment Distance. Where manufacturers have distributing points in carries pans of the country, shipmem is expected from the nearest distribution Point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Petition. Seller shall practice at vcllers sole cast all necessary pemrits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, mwid,cality, territory or political subdivision when the work is performed, or d,qumed by any other duly constituted public authority loading jurisdiction aver the work of vendor. Seller fimher agrees to hold the City of Fort Collins hamnlesa from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations. mdcations, roles and requirements. Authorisation. All parties to this c uddat agree tam the represenalives art, in fat, Was fide and possess full and complete .,badly to bind said parties. LIMITATION OF TERMS. This parches, Order expressly limits acceptance m the moms and conditions stated herein set both and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different temp and conditions proposed by seller arc objected to and hereby rejeer al. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment in drove on your promised delivery date as noted. Time is of the essence. Delivery, and pesfaourame must be effected within the time stated on the purchase other and the dreamems adached hereto. No acts of the Purchasers including, without limitation, accepance of partial late deliveries, shall operate re a waiver of Nis provisian. In the event of my delay, the PureM1ser shall have, th addition to other legal and equitable rem Wics, the option of placing this odes elsewhere and holding the Seller liable for damages. However, the Seller shall Out be liable for damages re a result of delays doe to causes not reasonably freesaable which am beyond its miserable anneal and without its fault of negligmce, such acts of God, acts ofeivil or military authorities, governmental priorities, fires, suites, Bond, epidemics, wars or riots provided Out notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof In the event of any such delay, the data of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, sprefirefinds, aampleu andror other descriptions given, will be fit for the imposes intruded, and performed with the highest degree of cart and competence or accordance with accepted sundards for work of a similar coma. The Seller agrees to hold the pmchater hornless from ., lass, damage or expense which the Purchsser may suffer a item on.count m the Sellers breach of.,y. The Seller shall replace, repair or make good, without cost to the purchoscr, my defects or faults arising within one (I) ynsr or within Inch longer period of time re any W prescribed by law or by the lens of my applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be mreasombly delayed), resulting from imped t or defective work done or materials f ished by the Sell, Acceptance or roe of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order the Sellers liability hereunder shall extend to al I damages pmximasely caused by the breach of any Of the foregoing wa.mics or guumnaes, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pardoner may make changes to legal urns by writers change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchasser may make my changed to the terms, other Joan legal mods, including additions to or deletions from the qumtiti. miginad y nmered in me specino or d w,m,, by verbal or corium clam, uNa, If any such change affects the amount due or the time of,erfovre nce hereunder an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change code, terminate this agreement as m my or all ponio w of he good then nor shipped, subject to any equitable adjustment between the parries as to any work or materials then in progress provided chat the Puchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or muse uentlal damages, and that no such adjustment be made in furor of the Seller wort respect to any goad which are the Sellers standard stock. No such mmnimtian shall relieve the Purchaser or the Seller of my oftheir obligations re to any most delivered heeunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for al.,muss be assented within thin (30) days from the dais the chars, or temnwrim is ordered. S. COMPLIANCE WITH LAW. The Seller warrants but all goods sold hcrcurder shall have been produced, sold, delivered and famished in stria compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such documents is, may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser handless from all costs and damages suffered by the Purchaser as a mull of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither perry shall assign, transfer, or convey this order, or my monies due or to become due bxretades without the prior woinm consent ofhe other party. 10. TITLE The Sella warrants pull, clear and commended title to the Producer for all ecluipmeal, matmak, and items ftunuhed of pernernmee of this agreement, free add clear of my and all liers, restrictions, rem —, security interest encumbrances and claims ofothers. acquired coda federal Or sate amiumt lawn far such overcharges relating m the particular gaol or services purchased or acclaimed by the Purchaser pursuant to this purchsse order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date m ha agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. The Seller shall release the Pumhaer and its contractors of any lie, from all liability add claims of any nature resulting from the performance of such work. This release, shall apply nett in Ore event of fault of negligence of the party, relrnsed and shall extend to the didaars, officers and employees ofauch party. The gullet command obligations, including w^ 'Y• shall not be, damcd to be reduced, in my way. bravo such work is performed or caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is requital to use tiny design, device, material or process covered by home, 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, device, material or process in connection with the contract, add shall indemnify the Pumhaser for any cos, expense or damage which it may h obliged to pay by reason of such infringement at my time during the prosem d. or afar the completion of the work. In case said equipmem, or any pan thereof or the intended use of the goods, is in such suit held m coretimte infringement and the use of said re,uproad or pm is rejoined, the Seller shall, at its own expense and at is nation, either Praure for the Purchases the right to continue using said equipmret or perms, replace the same with subsantially egml but nordnRinging Wuipment, or modify it so it berom¢ noninGnging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, apmim a receiver to tmutee for any of the Sellers property or business, this order may forthwith be, canceled by she Purchaser without liability. 16. GOVERNING LAW. The definitions of terms card or the interpretation of the agreement and the rights of all parties hereunder shall be combined under and governed by the laws offle Stain ofColomdo, USA. The following Additional Conditions apply only in cases where doe Seller is as perform work hereunder, including the services of Sellers im,fsenadive(s), an the Premises ofmours. V. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is pill, completed and accepted, and shall, in se of any accident, darration at injury to rate work armNor materials before Sellers final completion adtd acceptance, complete the work at Sellers own expense and to the satisfaction of the Pmchrea. When materials and equipment arc fumished by others for installation or erection by the Seller, the Seller shall receive, coined, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being fidedished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, m is employees employed on or w connection with the work covered by this Poahase order, and/m m their dependents in accordance with the laws Of the sate in which file work is Or be dorre. The Seller shall also carry comprehensive gead,l liability including. but rot limited to, contmrmul aM automobile public liability insurance with bodily injury and dwN limits of u trust Smo,Wo for my oce person, subsist for any e accident and property damage limit per accident of S400,000. The Seller shall hkewise repair: his ormarceom, if any, to provide fro such compensation and mermance. Before any ofthe Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such comp rmation and inumsse have been provided. Such cenifcates shall specify the date when such compensation and msuiance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and rest 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seler hereby assumes the amid, responsibility and liability far my and all damage, lass or injury of any kind or mime whanaver m peranre or pmany emood by or resulting from the exumfim ofhe work provided For in this purchase order, or in connection herewith The Seller will indemnify and hold harmless the Purchase and my r all of the purchasers officers, stgents ab employees from and against my and all claims, losses, damages. charges or expenses, whether dimes or armed, and whether to Ferrous of property to which One Purchaser may be, put or subject by maxon of any act, action, tougher, omission Or default Our the pm of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In rase my suit or other proceedings shall be brought against life Purchaser, or its officers, agents or employees at any time on account or by reason of my act, action, neglect, omission or default of the Sella of any of his contractors or any of in or their officers, agents or employees in; aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers nun expense, so pay my and all costs, charges, momeys fees and other expenses, my and all judgments that may he incurred by Or obtained against the Purulent, or my of its or their Office-. agents or employecs in such suits ter offer proceedings, and in case judgment or other lien be placed upon or claimed against the property of the Purchaser, or said parties in or re a fault of such Buis or other Proceedings, the Sella will at once came the same to be dissolved and discharged by giving bond or otherwise. The Seller end his contractors shall take all safety precautions, furnish and install all guard necessary, for the Elevation of accidents, comply with all laws and regulations with regard m safety including, but William linummires, the Containment Safety and Health Ad of 1970 and all min and regulations issued Europmt therem. Revised 0712014