HomeMy WebLinkAbout110090 EBSCO SUBSCRIPTION SERVICES - PURCHASE ORDER - 3215330PO
PURCHASE ORDER 321533er Page
C1171 of PURCHASE
15330 t of 2
' `t Collins[ his number must appear
V "' 1 on all invoices, packing
sli s and labels.
Date: 01 /13/2015
Vendor: 110090
EBSCO SUBSCRIPTION SERVICES
PAYMENT PROCESSING CENTER
PO BOX 204661
DALLAS TX 75320-4661
Ship To: PROCESSING CENTER
FORT COLLINS PUBLIC LIBRARY
256 W. MOUNTAIN AVENUE
FORT COLLINS CO 80521-2711
Delivery Date: 01/13/2015 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
DATABASES
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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
iIII101i
Total $60,000.00
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
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt from slate and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is egimered with the Colleclor of
Internal Revenue, Denver, Colorado (Ref. Calomdo Revised Statutes 1923, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to mat spccifcations, either when shipped or due to defects of
damage in harsh, may No remmed to you for reedit and are not to be replied except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS are subject to me City of Fan Collins inflation on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order an result in
authorized payment on the pan of the City of Fan Collins. However, it is to be understand that FINAL
ACCEPTANCEis dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.O.D., Cu, of Fort Collins, 700 Wood Sc. Fan Collins, CO 80522, unless
otherwise Nandi on fins order. if permission is given to prepay freight and charge separately, the million] freight
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Wh,e manufacturers have distributing paints in various pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice whin
shipments are made from greater divi..
Permits. Seller shall procure at seller sole cost all ordinary permits, cenifcates and licerues required by all
applicable laws, regulations, ordinances and roles of the state, municipality, territory Or Political subdivaim where
the work is performed, or required by any omen duly amorimted public matronly havingjurisdiction over the work
Of scndor. Seller farmer agrees to hold the City of Fan Collins hamrlea from and against all liability and lass
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. roles,
.it ou, iremrnrs.
Amhonufion. All panies to this enamel agree that the representatives are, in fact, haot fide wit possess full and
mmplera authonry 10 biand said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terra and conditions stated
herein set fond and any supplementary or additional tertns and conditions wnesed hereto or incorporated herein by
reference. Any additional of different to. and Milan. proposed by seller are Oil to end hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immaGamly if you tamer make complete shipment m move on your
remained delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
tared on the purchase order and me documents attached hereto. No acts of the Purchasers including, without
function, acceptance criminal late delivenes, shall operate as a waiver of mis provision. In the event army delay,
to Powl asur shall have, in addition to other legal and equitable remesies, the option of pl.ci, his .,do,
and holding the Sella liable for damages. However, me Sella shall not be liable for damages as a mull of delays
due to rumors not reawrably foreseeable which are beyond its reasonable control and without its fault of negligence.
such acts of God, acts of civil or military artho own, govemmenal priorities, fires, strikes, food, epidemics, wars er
hots provided rho notice of me conditions causing such delay is given to the Purchaser within fve (5) days d the
time when the Seller first received knowledge metro[ In the at of any such delay, the date M delivery shall Ese
extended for the peood meal to the time usually last by reawn of me delay.
1 WARRANTY.
The Seller commons that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other description, given, will be ❑t for me purposes intended, and
performed with the highest degree of can and competence in accordance with accepted standards for work of a
on. nature. The Solid agrees to hold me purchaser homeless from any lass, damage or ,xp,nse which the
Purchaser may sulfa or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer pound of
time as may be prescribed by law or by the terms of any applicable womanty provided by the Seller after me date of
acceptance of the goad famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defensive work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shot[ not
wnsnmre a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend m all damages proximately caused by the breach of any of no, foregoing warranties
or guarantees, 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 Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchasermay make may changes to the terms. other than legal more, including additions to or deletions from
the qumtlitiesoriginally ordered in the specilicmions or drawarip, by verbal it written change order. U say such
change officers the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this ngcomant as to any Or all portions of the
goods then not shipped, subject to tiny equitable adjustment between the panics as to any work or materials then in
progress provided that the Purchaser shall and be liable for any claims for anticipated profits on the uncompleted
portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of me Seller with respect to any goods which are the Seller standard stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any good delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (80) days from the date the change or lamination is
ordered.
I. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, said, delivered and famished in strict
ompliance with all applicable laws and regulations to which the goods me subject. The Seller shall execute and
deliver such documents as may be mluiml to effect err evidence compliance. All laws and regulations equiml to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchnser harmless from all costs and damages suffered by the Punchaser as a result of the
Sellers failure m comply wins such law.
9. ASSIGNMENT.
Neither party shall assign, manager, or convey this order, Or any monies due or to become due hereunder without the
prior written commit Ofthe other party.
10. TITLE.
The Sella warrants fall, clear and immurement title to do Purolator, for all equipment, materials and items Formation
in prefficannowe of mis agreement free rand clear of my and all Item, natricrime. maenmions, memory interest
wwardso mares and claims ofeners.
I L NON WAIVER.
Failure of the Purchaser to insist upon wrier performance of the terms and conditions hereof, failure or delay to
exercise my rights or remedies provided herein or by law, failue to promptly notify the Seller in the event of a
branch. the serepame of or payment for goods hereunder or approval of the design, shall not release the Seller of
my of the warranties or obligations of this purchase order and shall net be deemed a waiver of any right of the
purchaser to insist upon saner performance hmerfor any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as many poor or subsequent default hmmder, nor shall any purported
oral modification or rescission of this purchase oNer by the Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seiler and me Purchaser recognize that in acmal economic practice, overcharges resulting from It.,
violations are in fact home by the Prichard. Thadi fsm, for good carts, and as consideration for executing this
purchase order, $e Seller hereby esaigns to the Purchaser any and an claims it may now have or hereafter
acquired under federal in state antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant 10 mis purchase wider.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If me Purchaser ducts the Seller to correct nonconforming or defective goods by a date to be agreed upon by she
Purahaer and the Seller, and me Seller hereafter indicates its nubility or unwilmgness to comply. the Purehasn
may cause ne work to ob performed by me mass expeditious means available to it, and nor Seller shall pay rill
costs assocusad with such work.
The Sella shall release the Probation and its darm hors of any fins from all liability and claims of any noun,
resulting from the performance ofsoch work.
This release shall apply even in the event of fault of negligence of the party retained and shall extend to the
director, eRcen, end employees ofsoch part'.
The Sellsea contractual obligations, including w.V, shall Troth deemes to be restated, in any way, because
such work is performed or caused mob performed by the Purchaser.
14. PATENTS.
)M cnaer the Send is required to use any design, device, material or process covered by letter, patent, condemning
at copyright, the Seller shall indemnify and save families the Purchaser from any and all claims for infringement
by ruvwn of the use of such patented design, device, material or process in turnaround wins the contract, and
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 among me prosecution in after the completion of case work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit hem to consatut, infringemenr and the race of
said equipment or pan is enjoined, the Seller shall, rat its own expense and at its option, either procure for the
Purchaser the fight to wntinue using said equipment m pans, replace me same with substantially equal but
ooninfringing equipment, or modify it so it becomes nonwGoging.
I S. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make on assignment for the benefit of creditors, appoint is
receiver or Muster, for any of me Sellers property, Or business, mis order may RuMwtith be examled by me
Purchaser without liability.
16. GOVERNING LAW.
The definitions Monarms used Or the interpretation ofine agreement and the rights of all parties hereunder shall to
consm+ed under and govemed by ne rows arrive State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller ¢ to perform work hereunder,
including the services of Sellers Repes,native(s), on the pmnises of omens.
12. SELLERS RESPONSIBILITY.
The Seller shall carry 0n said work at Sellefs own risk wul ne same is fully completes suit accepted, and shall,
in se of any accident, destruction or injury to the work and/or materials before Sellers final completion and
wcepsance, complete the work at Sellefs own expense it to she satisfaction of die Purchaser. When materials
and equipment are Pomished by others for matillmom Or erection by ne Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such matdma andm equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for he payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in whim the work is to be done. The Seller
shall also cant' comprehensive general liability including, but not limited m, contractual and automobile public
liability insurance ash bodily injury and death limits of at load $300000 for my one person, S500,000 for any
one accident and property damage limit per accident of $400,000. The Seller shall likewise unfair, his
nntmcmrs, if 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 furnish the Purchaser with a certificate
that such compensation and insurance have been provided Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificaus shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
ware work is completed and accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury crony kind
or nature whataoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers oMe... agena and employees Isom and against any and all claims, losses, damages,
charges or expenses, whether direct of induct, and whether an persons or property, to which the Purchaser may
be put or subject by reason of any net, action, neglect omission or default on the pan of the Sella, any of his
contactors, or any of the Sellers or commissions officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchase, or its officers, agents or employees at any time on Bement or
by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its or
their officers, agents or employes is aforesaid, the Seller hereby agrees to assume me defense named and to
defend the time at me Sellers own expense, to pay any and all costs, charges, attorneys fees and ono expenses,
any and all judgm red that may her minimal by or obtained against to Purchaser or my of its or their officers,
agents or employees in such suits in other proceedings, and in case judgment or other lien to placed upon or
obtained against the property of the Purchana, or said parries in ne as a result of such suits or other proceedings.
me Sella will at once cause the more to be dissolved and discharged by giving bond or otherwise. The Sella and
his contractors shall take all safety precautions, Finnish and install all guard necessary for the paecomim of
accidents, comply wfn all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Ad of 1970 and all rules and regulation issued pursuant memo.
Revised =014