HomeMy WebLinkAbout113665 BAKER & TAYLOR ENTERTAINMENT - PURCHASE ORDER - 3215329PO
PURCHASE ORDER 321532er Page
City of PURCHASE
329 1 of z
Flirt Collins( This number must appear]
!-\V`I �.I ` ' 1 on all invoices, packing
�slips and labels.
Date: 01/1312015
Vendor: 113665 Ship To: PROCESSING CENTER
BAKER & TAYLOR ENTERTAINMENT FORT COLLINS PUBLIC LIBRARY
3005 S PARKER ROAD SUITE 318 256 W. MOUNTAIN AVENUE
AURORA CO 80014-2903 FORT COLLINS CO 80521-2711
Delivery Date: 01/13/2015 Buyer: ED SONNETTE
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
t 2015 ANNUAL ORDER FOR 1 LOT LS 250,000.00
BOOKS & MEDIA
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 $250,000.00
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 statute the City of Tom Collins is exempt from saes and local taxis. Our Exemption Number is
11. NON WAIVER.
Failure of the Purchaser m insist upon strict Performance of the parts and conditions homer[ failure or delay to
98 04502. Federal Excise Tax Exemption Certificate of Registry M-6000587 is registered with the Collector of
Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 3946, 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goal 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 puchase Omer and shall not Im deemed a waiver of any right of the
damage in transit, may be maned an you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict performance hereof or any of its rights or remedies as do any such goods, regamlev
iwmactions Gom the City of Fort Collies.
of when shipped, received or incepted, as to any prior or subsequent default hereunder, nor shall any puTaned
am[ modification or rescission of this purchase order by the Purchaser operate in a waiver of any of the terms
bmpeaion. GOODS we subject o the City of Fart Collin inspection on amval.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in narrative to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment oa the part of the Ciry of Fan Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from mrimst
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
violations are in fact home by the Purchaser. Theretofore, for gaud cause and as emtsideration for executing this
purchax order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 7W Wood St, Fort Collins, CO 80522, unless
acquired under federal or state antitrust Taus for such overcharges relating in the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this pumhaw order.
bill must accompany invoice. Additional charges for packing will not be accepted.
Id. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment manufacturers have s lobe of the ipment n
If the Purchaser recu r, Seller nonconforming or defective on by the
goods by a dart to bend,
d,,fi anion. and xts s refisought kdcandau tun Ina
from the nearest distribution point to destination, and excess freight well be deducted fmm Invoice when
hem the named Point
or unwillingness the Purchaser
,indicate its inability or antra complye
the a Sella thereafter
and the Sella end the Seller
to
shipments are made from greater distance,
shipments
available it, shall
may cesssse the wink m br performed by the most expeditious means available to it and the Seller shall pay all
may citrus y the car
costs assailed with such wank.
Permits. Seller shall procure at sellers we cost all necessary permits, «rifiota and licenses ctyuiml by all
applicable laws, regulation; ordinances and ales ofthe sate, municipality, ternaryor political subdivision where
the work is performed, Or required by any other duly coordinated public authority having jurisdiction over the work
of vendor. Seller further ,as to hold the City of Fon Collins harmless from and against all liability and lass
recurred by them by reason of an asserted or established violation of any such laws, regulaliom, omiwnca, miss
and requirements.
Authoricarion. All parties to this compact agree that the represemalives art, in fact, how fide and pari full and
complete authority to bind .,it panics.
LIMITATION OF TERMS. Thal Purchase Order expressly limits acceptance to the term and conditions smiled
herein set fork mod any supplementary as additional to. road conditions amwxal hereto or it ew witted herein by
reference. Any additional or different emes and conditions Imposed by seller we objected to and hereby coastal.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to artier on your
promised delivery date as noted. Time is of the essmce. Delivery and performance must b, arboreal within the time
stand on the purchase order am the dommenu mlachcd hero. No was of the Purchasers including, without
limitation, wri oanm of partial lam deliveries, shall operate ss a waiver rf this provision. In the event crony delay,
the Purchaser shall have, in addition mother legal and equitable comedies, the option of placing this order elsewhere
and holding the Seller liable far damages. However, the Sella shall rim be liable for damages as a reach of delays
due m wows not reasonably foreseeable which are beyond its reasonable contra) and without its fault of negligence,
such acts ofG xk aces of civil m military authorities, govmunmul priondic; fires, strikes, flood, epidemic, wars or
riots prmided tart notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time whoa the Seller first received knowledge thereof. In the event of any such delay, the dare of delivery shill be
extended for the period equal to the time aaually lost by Gaon ofthe delay.
8. WARRANTY.
The Seller warsanrs dud all good, articles, mmmaR and work covered by this order will coif with applicable
drawings, specifiwuow, samples anNor other descriptions given, will bs fit for the proposes intended, and
performed with the hippest degree of core and competence is xcordance with warded wasteland far xxi k of a
imilm ware. The Seller agrees to hold the reamer harmless fresh my lass, damage or expense which the
Purchaser nay suffer or incur on account Oldie Sellers breach ofoomnly. The Sella shill replace, repair or make
goad, without cost in the purchaut any defects or faults arising within are (I) year or within such longer period of
time as may Ise praemed by lose by the arms of my applicable wamnry prosided by the Sella after the dine of
incepmmre of the goods famished Lemmata (acrepnce rat a be umeawmbly delayed), resulting from imperfad
or defective wok done or nommials famished by the Seller. Acceptance or was of goods by the Purchaser shall not
constitute a waiver army claim under this warranty. Except as otherwise provided in this purchaw Omer, ale Sellers
liability hereunder stall extend to all damages proximately cased by the breach of any of the foregoing wamntux
or guarantee; but such liability shall in no event include Ions of proes or 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 writer change Omer.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes m the tamer, other Nan legal teats, including additions to or deletions fmm
the quantities originally ordered in the specifications or drawings, by veinal ar senren change Omer. If my such
change affects the nowt due a ale time i fpmformance hereunder, an Ni adjustment shall be made.
6. TERMINATIONS.
no puasmom may at any time by written flange order, termiwre this agreement to to any m all portions of the
goods then not shipped, subject o any equitable adjustment hasecon the parries as to my wale or materials then in
progress provided that the Pumhuom sill not be liable for any claims for anticipated profi¢ on the uncompleted
portion afNe goats torpor work, for incidental or consequential damages, and ram no such adjustment be made in
favor of the Sella with respect to any goods which are the Sellers standard stock. No such temiwlion shall relieve
the Putuhmom or the Seller of any of their obligations as to any good delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mum be hutted within thins (30) days from the dam the chat, ar termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants Nat all goods sold hereunder shall have ban produced, sold, delivered and famished in strict
ompliance with all applicable laws and regulations to which the good are subject The Seller shall execute and
deliver such doaments as may he required to effect or evidence compliance. All laws and regulations raptured to be
incorporated in agreements of this character we hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser amlem from all costs and dnages suffered by the Purchaser as i msub of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey Ihis order, or any monies due or to become due hereunder without the
prior wdmem couent of the other party.
10. TITLE.
The Seller warrants full, clear and umam icted tide to me Purchaser for all equipment materials, and items furnished
in performance of this agreement, free and clear of any and all was, restrictions, reservations, saunty interest
mcummences and claims of omens.
The Seller shall release the Purchaser and its contactors of any tier from all liability and claims of any ware
trading from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party colossal and had extend to the
directors, once s and employees ofsuch party.
The Sellers contractual obligations, including warranty, shall not Is, deemed to be reduced, in any way, beeatsu
such waste is performed or caused to he performed by the Purchaser.
IT, PATENTS.
Whenever the Seller is requited he use any design, device, material or process covered by too,, pats , mdemark
or copyright, the Seller shall indemnify and save hmmless to Purchmer from any and all claims for infrmgnent
by mason of the use of such rylented design, device, material or process in correction with the comucd, and
shall indemnify the Purchaser for tiny amp, expeou or damage which it may M obliged to pay by reason ofsuch
infringement at any time during the prosecution or after the completion of the work. In caw viol equipment or
any pan thereon or the intended use of the goods, is in such sues held an wmstra to infringement ad the use of
said equipment or pan is onjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or ports, ceplace the same wits rimtially equal but
naninfdnging equipment, at modify it so it becomes maninfringing.
15. INSOLVENCY.
If the Sella shall become insolvent or bwtkmpt mrke an assignment for the benefit of creditors, appoint a
receiver ar transfer for my of the Sellers Property or business, this Order may forthwith Is, rencelal by the
Purehmcr without liability.
16. GOVERNING LA W.
The definitions oftenm used a the interpretation of the agreement and the rights ofall prefer hereunder shall be
assumed under and gurvar¢d by the laws afNe Sure of Colorado. USA.
The following Additional Conditions apply only in eases where the Seller is to perform weak bcreundeq
including the servicesi f Sellers Reptesenutive(s), on the premises ofo imm,
IT. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk until the more is fully completed and accepted, and shall,
in raw of any incident desmnion or injury to the wok andlor mmmmls before Sellers final completion and
acceptance, complete the wok at Sellers own expense and to the aadfanion of the Purchaser. When cratcrials
and se,w mint arc fumishad by mars for imullmion ar cre Lion by to Seller the Sella shall receive, unload
stare and hurdle some at the site and become responsible tbompar as though such materials ammo, equipment
Wert be, fumishil by the Seller under Ore order.
18. INSURANCE.
The Seller shall), in his own expense, provide for the payment of workers compensation, including occupational
disease bcnefiu, to its employees employed on or in connection with the wok covered by this purchase order,
adrar to their dependants in accordance with the laws of the sate in which the wok is to be dare. The Seller
shall also carry comprehensive general liability including, but not limited to, commercial and automobile public
liability assurance with bodily injury and death limits of at least S100,0con for any one prison, SSfir." for any
inc
ident cident and property damage limit per incident of S40g000. The Seller shall likewise cache his
cmusaams. if my, m provide for such compensation and insurance. Before my of the Sellers or his commceors
employees shall do any work upon the premises crashers, the Sella shall famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such cornflower Shan specify the date when such
compensstion and imumnce have ban provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compenmtion and insumncc mall be, maintained until after the
entire work is completed and incepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume, the entire res,s resibili y and liability for any am all damage, loss or injury of any kind
r nature whatsoevar to persons or property caused by or resulting from the execution offie wok provided for in
this purchase order or in connection herewith The Seller will indemnify and hold armless the Purchaser and my
r all of the Purchasers officers, agents and employees fmm and against any and all claims, lose; damages
calla or expenses, whether direct or indirect, and whether to persons or property to which the purchaser may
be pm or subject by rwvn of any act, action, neglect omission or default on the pm of the Seller, any of his
contractors, or tiny of the Sellers or contactors omaen. agents or employees. In caw any suit or other
proceedings shall be, brought against the Purchaser, or its mnittrs, agents or employes at any time on account or
by rcavn of any act ration, neglect, omission or default of the Sella of any of his contractors or any of its or
their amcem. agents or employees M aforesaid, the Seller hereby agrees be assume me defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, atmormys fees and other expenses,
any and all judgmen6 that may be incurred by or obtained against the purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, and in caw judgment ar other lien be placed upon m
obtained against the property of the Purchaser, or said parties in or as a result 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 Sella and
his examinations shall take all safety precautiona, famish and install all guard necessary for the prevention of
accidents, comply with all laws and regulations wins regard m artery including, but without limitation, me
Occupational Safety and Health Act of 1970 and all ales and regulations issued pursuant thereto.
Revised 07/2014