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HomeMy WebLinkAbout126493 SCHOLASTIC LIBRARY PUBLISHING - PURCHASE ORDER - 3215135Fort Collins Date: 0110912015 PO Number I Page PURCHASE ORDER z"ii,'2z tof2 Vendor: 126493 SCHOLASTIC LIBRARY PUBLISHING PO BOX 3765 JEFFERSON CITY MO 65102-3765 s number must appear all invoices, packing Ship To: PROCESSING CENTER FORT COLLINS PUBLIC LIBRARY 256 W. MOUNTAIN AVENUE FORT COLLINS CO 80521-2711 Delivery Date: 01/09/2015 Buver: 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 r 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@fogov.com 1 LOT LS 50,000.00 Total Pay terms net 30 days I Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Tiler Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax co mptimrs. By statute We City of Fort Collins is exempt Four state and local hues. Our Exemption Number u 11. NONWAIVER. 98-(4502. Federal Excise Tax Exempron Certificate of Registry 84-600 )58T is registad with thr Callccrer of Failure of tam Purchaser m main upon strict performantt of the It. and covdimiona hmof, failure m delay to Internal Revenue, Denver, Colorado Bier. Colorado Revised Stamta 1973, Chapter 39-26.114 (a). exercise any rights or remedies provided Amin or by law, failure 1n promptly notify the Seller in the event of a breach, the acceptance, of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejetied. GOODS RJEECIED due to failure to men specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of my right of the damage in transit, may be remmed to you for credit and are not to No replaced except upon receipt of written Purchaser to insist upon start performance Remoter any of its rights or remedies as to any such grads, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, az to any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Pon Collins inspection oa arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order ron result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Calif.. However, it is to be understood that FINAL Seller and the Purchaser recognize taut in whist economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon comply ion of all applicable required inspection procedures. violations are in fact bonne by the Iscrelown. Theretofore, for good cause and as mmidemtivn far external, this purchase order, the Seller hmby assigns to she Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most h F.O.B., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522, It. acquired under federal or now mtivust laws for such overcharges mining to the pasi.lar goods or services othemse specified on this order. If,.nissmn is given 1. prepay freight and charge separately, the unpaid freight pamhased or acquired by the Purchaser pursuant W this purchase orde, bill must accompany mvoice. Additional charges for parking will Out be acttpted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distribming points in various parts of the country, shipment is If the Purchucr directs the Seller to correct nonconforming at defective goods by a date W be agreed upon by rate expected from hie nearest distribution if, to destruction, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made Bom greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all rests associa ed with such work. Permits. Sella shall prorate at sellers sale can all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and riles fthe stare, municipality, Write, or political subdivision where The Seller shall release the Purchaser and its contrition of any tier from all liability and claims of any nature the work is performed, or required by any other duly constituted public authority having jurisdiction over the work resulting from the performance ofsuch work. of studio. Seller fuller agrees to hold the City of Fort Collins harmless from and against all liability end loss recurred by them by reason of of roamed or established violation of any such laws, regulations, ordicami riles This release shall apply even in the event of fault of negligence of the party released and shall extend to the and requireme.a. directors, officer i and employees of such parry. Authorization. All parties to this contract agree fast the represenanves are, in fact, bow fide and passive, full and The Scalers contactual obligations, including warranty, shall not br deemm to Ix educed, in any way, thinnest, complete authority to bill said pmies. such work is performed or caused to be performed by the Pwchsser. LIMITATION OF TERMS This Purchase Order expressly limits acttptance to the I. and .dine- saved herein set forth and any supplementary or addiliowl terms and conciitiore armexd Never. or incorpoald herein by reference. Any additional or different arm and conditions proposed by relief am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately try.0 cannot make complete shquorn to arrive on your promised delivery date as noted. Time is it essence. Delivery and performance must be dTecmd within the lime stored can tine purchase order and the document, attached hers.. No tic¢ of the Purchaser including, without limitation, acceptance ofpartlal late delivenci, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of 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 nor reasonably foreseeable which are beyond its reasonable commit not without its fault of negligence, such arts of'Gd, act, ofcivil or milimry authorities, govrnunrntal priorities, fires, strikes. Daad, epidemics, wars or hots provided that notice of the conditions causing such delay is given to no, Purchaser within five (5) days of rate time when the Seller first contrived knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants cast all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other dmctiptiona given, will be fit for the purposes intended, all performed with the highest degree of core and competence in accordance with accepted standaals for work of a similar stare. The Seller agrees to bold the purchaser harmless G.m any lass, damage or expense which rate Purchaser may safer or incur on account of the Sellers breach of tearanty. The Seller shall replace, repair in make gad, without cost to the Purchaser, any defects or faults arising within one (1) year or within such longer'mod of time ms may be prescribed by law or by the manor of any applicable warrant, provided by the Seller after the date of acceptance of the goads famished herewder (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 nmtimt[ a waiver of any of. under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all dom rprs proximaaly caused by the breach of my of the foregoing w'arruaties or gmantecs bur such ❑ahoy well in no event include loss ofpsnfits or lass of rue. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The PurcM1uer may make changes to legal terns by written change Orden 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the moms, other than legal terms, including additions to or delmmu fmm the quantities originally ordered in the specifications or drawmes, by verbal or written change order. If any such change affects the amount due or the time ofperf rmence hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may st any time by written change order, entrance this agreement as to any or all Fosiom Of the goods then scot shipped, subject to any equitable adjustment bnwem the parten u to my work or materials then in progress provided that the Purchaser shall not he liable for any clams for anticipated profits on the uncompind prom of the goods and/or work, for encdenml or comcguential damages, vd that m such djunment be made in favor of the Seller with respect to any goods which are the Sellers structural stock. No such nomination ition shall relieve th[ Purchssa or the Seller of my.fNcir obligations as to my goods delivered haeurder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustrnent must her awned within theny (30) daYs fmm the done the change or mormativn is ordered. S. COMPLIANCE WITH LAW. The Seller common, that all grads sold hereunder, shall have been produced, sold, delivered and furnished in shrift compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such daauments as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorp.raad herein by this reference. The Seller agrees to indemnify tad hold the Purchaser hamdess from all cases and damages suffered by the Purchaser ss a moll Of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, manager, or convey this order, in my mines due or to become due hmmder without the ,no, wren en consent of hie other party. 10. TITLE. The Seller warrants full, clear and umeslrictd title to the Purchaser for of [quipment materials, and in— Famished in performance of this agreement, free and clew of any and all liem, restrictions, reservations, security interest encumbrances and claims of others. 14. PATENTS. Whenever the Seller is required to use any design, device. .,coal or process amend by letter, peent, tredrnaR or copyright, the Seller shall indemnify and save hamiless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, material or process Or connection with the c mot n, all shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the preservation or after the completion of the work. In rose and equipment, or any pan thereof or the intended use of the goods, is in such suit held in constitute inftingemrft and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the some with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If N[ Seller shall become inwlveat or bvdwpt, rake an assignment for the benefit of mdimrs, appoint a merism or become for any of hie Severs property or bmirwav, this order may foMwhth ca he canceled by the pownew, without liability. 16. GOVERNING LAW. - The defiWtiom of it. used or the interoreldion ofthe, agreement and the rights ofall parties bramorder shall be contacted under and govemcd by the Was ofthe Some ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work Cereundev including the services of Sellers Representarive(s), on the premises craters. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work m Sellers own risk until the same is fully completed and accepted, and dull, in case of any accident, destruction or otjury to the work and/or maumals before Seller's fiml completion and acceptance, complete the work at Sellers own expense and to On, satisfaction of the Purchases. When aratenah, and equipment am fumblai by others f installation or erection by the Seller, the Seller shall receive unlood, store cad handle same at the if,, and bcome resForande thmfor as though such material md/or equipment were being famished by the Selleruvder dot under. 18. INSURANCE. The Seller shall, at his own expense, Provide for the payment of workers compression, including acupational descant, benefirs, in its employees employed on or in connection with the work covets by this purchase order, and/or to their dependents in accordance with the laws of the stare in which the work is to be done. Tbc Seller shall also tarty, comprehensive general liability including. but not limited to, contaacmal and automobile public liability insamne[ with bodily injury and death limits of nt limit S300,000 for any one person, S500,000 for any one accident and property damage limit For accident of $400,000. The Seller shall likewise require his ommcmrs, of any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenifrate that such compensation and insurance have been provided. Such certificates shall specify the date when such competwtion and insurance have been provided. Such cesificates shall spttify dot date when such mmpensntmn anal insurance expires. The Seller agrees that such compensation and insurance shall be mammened until after the .tare work is completed and accept 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby usumes no entire responsibility and liability for my ad all damage, loss Or injury of my kind m reduce whomerver m Famous or Foolproof caused by or resulting from the execution of dre work pmvided for an this purchase order or in connection hmwath. The Seller will hMemnify and hold harmless the Purchaser and my or all Of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persom Or property to which the Purchaser may be pun or subject by mason of my act, action, neglect, omission or default on the pan of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings 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 any of his contractors or any Of ds or their .dicers, agena or employees ex aforesaid, the Sella hereby agrees to co me the defame thereof and us defend d w same at the Sellers own expense, to Pay any and all costs, charges, aso ne, fees and the, expeacs, any and all judgmenm that may be hormmd by or Obtained against the Purchaser or my of its or their officers, agents or employees in such scars Or other proceedings, end in new judgment ne other lim be placed upon or Obtained against dre proFofry of the Purchsser, or said Forties in or as a resWl fsuch sofa or other, praeedWgs, dot Seller will a1 mace cause the same m he dissolved ad discharged by giving bond or otherwise. The Seller and his contractors shall cake all safety precoutimus, fumuh and mull all gumds nmessmy for the prevention of .cafto , comply with all laws and regulations with regand as safety including, but without limitation, the Occupational Safety cod Health Air of 1970 end all riles and regulation named pursumt narrow. Revised 094014