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HomeMy WebLinkAbout130857 GALE - PURCHASE ORDER - 3215331Fort Collins Date: 01/13/2015 PURCHASE ORDER Vendor: 130857 GALE 27500 DRAKE RD FARMINGTON HILLS MI 48331-3535 PO Number Page 3215331 1of2 This number must appear on all invoices, packing sli s and labels. 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 2015 ANNUAL ORDER FOR 1 LOT LS 75,000.00 DATABASES, EMEDIA, BOOKS 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 $75,000.00 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 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from sane and local taxes. Our Exemption Nmnbar is 98-04502. Federal Excise Tax Exemption Caribous, of Registry 84-6000581 is registered with the Collector of bream Revenue, Deaver, Colorado (Ref. Colorado Revised Stamtu 1993. Chapter 39-26,114 od. Goods Rejected. GOODS REJECTED due to failure s. as specifications, either when shipped or due to defects of damage in humin, may be returned to you for credit and are not a be replaced except upon receipt of window instructions from the City of For Collin. Inspection. GOODS am subject to the City of Fort Collie inspection on arrival. Final Acceptance. Receipt of the meachsid[se, services or equipment in response to this order con mull in authesined payment an the pan of the City of Fort Collin. However, is is to be understood dui FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.O.D., City of Fon Collins, loo Wood St, For Collins, CO 80522. udess otherwise specifed on this other. Upermisaion is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pars of the unwary, shipment ex expected from the nmmt distribution point to deduction, and excess freight will be deducted from Invoice when shipments are made Dom greases distance. Permits. Seller shall procure at sellers sole cast all necessary permits, carifiestas and licenses required by all applicable laws, regulations, on irreces and miss cribs sine, municipliry, teriery or political subdivision where the work is pert ed, or required by any other duly concluded public suthoairy hiring jurisdiction over the work of cited., Seller further agrees 10 held the City of Fart Collin harmless flow and a,.a. all liability and loss incurred by them by sawn of an invented or established violation of any such lows, regulations, oNincnces, roles and requirements. 11. NONWAIVER. Failure of the Purchaser to insist upon strm performance of the lams; and conditions hereof, failure or delay so examiss any tights a remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the aceptance of or payment for goods hereunder or approval cribs design, shall not releae, the Seller of any of the wananmes or obligations of this purchase older and shall not he damed a waiver of My right of the purchaser 10 insist upon strict parformana hall or any of its rights or remedies as no any such goods, regardless of when shipped, received or accepted, as 0 any prior or subsequent default Momentum, nor shall any pooponed ore[ modification or scission of this pusehme order by the Functional opema, ns is waiver of any of the terms henwf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise that in ac and economic pmetice, overcharges resulting form anti. violation art in fact More by the Purchases. "emblem, for good cause and as consideration for executing this purchase .ares, the Seller hereby aasign a the Purchaser any mud all claims it may aow have or hereafter acquired under federal or spite adefic t laws for such overcbargn relining to the Particular goods or services purchased or acquired by the Purchaser pursuant to this purchase offer. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Russ Purchaser diets the Seller to comes nonconforming car detective goods by a date b h agreed upon by the Purchases cord the Seller, cad the Seller femafier memories its inability or unwillingness b comply, the Purchaser may cause the work 10 W performed by the most expeditious mesas available to it and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier firm all futility and claims of any mere resulting from the performance of such work. This .]case shall apply an in the went of fault of negligence of the party released and shall extend to the direcmn, officers and employees of such puny. Ablimivstion. All pries to this contract agree that the representatives are, in DO, boss fide and possess full and The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in coy way, because complete aothmty to bind said partiessuch work is performed or moved to M performed by the Purchaser. LIMITATION OF PERMS. This Pumhne Offer expressly limits acceptance to the erns and condition stated herein set folda and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different erns and conditions proposed by seller are a ij,ewd coo and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make amodate shipment a arive on ynur promised delivery data as noted. Time is of the essence. Delivery and performance nmsl be effected within the time saved oa the purchase order and the documents attached harem. No :cats of the Purchasers including, without limitation, acceptance of parial late delivedn, shall operate as a waiver of this provision. In the event crony delay, the Purchrow shall have, in addition to other Icgnl and qi lable 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 not reasonably foreseeable which ad beyond its reasonable central and without in fault ofnegligence, such acts of God, acts ofcivil or military authorities, governmental priorities, Tres, strikes, flood, epidemics, wars or hots provided that notice of the condition causing such delay is given to the Purchaser within five (5) days of the time when the Seller bat received knowledge therm(. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this offer will conform with applicable drawings, specification, samples and/or other description given, will be fit for the purposes intended, cod performed with the highest degree of care and competence in accordance with accepted standards for work of a similar cadre. The Selb agrees to hold she purchaer harmless from any loss, damage or expense which the Purchases may sufferer incur on mount of the Sellers breach of wan y. The Seller shall seldom, repair a make Read, without cost to the purchases any defects or f Its arising within one (1) year or within such longer Period of time az may be prescribed by law or by the arms ofany applicable warty provided by the Seller ages the data of acceptance of the goods famished hereunder (acceptance not to h unreasonably delayed), resulting from imperfect or defence work doe or materials famished by the Sella, Acceptance or use of goods by the Purchaser shall not consulate a waiver of my claim under this contrary. Except as oferwire provided in this prerelease order, the Sellers liability halemadw small extend to all damages paximamly caused by the breach of any of the foregoing wri m ues or guaraatms, but such liability shall in nes went include loss of profits or less of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes 10legal ten by wrnen change older. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser troy make any changes to the corms, other than legal moms, including adldihon to or deletion from the quantities originally ordered in the spevifeation or drawings, by verbal or writers change aNes. If any such change alTccu the amount due or the time ofperfomana hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change older, momentum this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the path¢; as to any work or mmerials fen in progress provided that the Purchaser shall not to liable for any claims for anticipated pmfts on the uncompleted portion of the goads ardor work, for incidental or consrquadau damages, and that no such adjus"em be made in favor of the Seller with respect to any goods which m r, the Sellers forward stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be nssmed within thirty (30) days from the date the change or ¢remotion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods said hereunder shall have ban produced, sold, delivered and fumish,i in strict compliance with all applicable lows and regulntions to which the goods are subject. The Sella shall execute and deliver such documents as may be acquired to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Salim agrees to indemnify and hold the Purchaser harmless from all casts and damages addressed by the Purchaser as a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shoil assip, tranfm or convey this order, or any monies due or to become due hereunder without be print women consent of the other puny. 10. TITLE. The Sella wants full, clear and constricted title to the Purchmer for all equipment, materials, and items permitted in performance, of this agreement, free most clear of any and all lien, resoiction, reservations, security interest mcumbmaes and claims freshers. 14. PATENTS. Whenever the Seller is nannies] to use any design, caviar, material or process covered by lame, patent, trademad 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, maenal or process in connection with 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 during the prosecution or after the completion of the work. In case said equlpmant or any part thereof or the intended use of the goods, is In such suit held to constitute infringement and the me 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, replan the same with substantially equal but noninGnging equipment, or mash fy it so it becomes ouninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignee for the benefit of emblem, appoint a alass or "star for any of the Sellers property or business, this order may forthwith be canceled by the Poruhasal without liability. 16. GOVERNfNG LAW. The definition of arms used or the interpretation of the agreement and the rights of all parties hereunder shall be ten"ed under and gmmenced by the laws ofhe Stare ofColori USA. The following Additional Condition apply only in awas where the Seller is to perform work Immander, including the services of Sellers Represenetive(s), on the premises creasers. 1T. SELLERS RESPONSIBILITY, The Seller shall carry, on said work at Seller's own risk bill the same is fully completed and accepted, and shall, in eau of any accident destruction or injury to be work crof materials berme SellRs final completion most acceptance, temples, the work at Seller's own expense and to the satisfaction of the Purchases. When aarmals and equipment are famished by when for installation or amnion by the Sella, the Seller shall receive, tWoad, sere and handle same at be site and broom, responsible thereto as though such materials candler equipment were being [finished by the Seller under the order. 18. INSURANCE. The Sullen shall, at his own experess, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in command with the work covered by this purchase offer, indoor a their dependents in accordance with the lows of the sum in which the work h to M done. The Seller shall also carry comprehensive general liability including, but not limited so, contactual and automobile public linbiliry assurance with bodily injury and death limits of at least S30Qo0n for any or below. S500,00o fro any one citient and property damage limit per sccide t of S400,000. The Seller shall likewise require his vent alars, Irany, to provide for such compenmtion and insurance Before any of the Sellers who commactors employees shall do any work upon fe premises of others, the Stiles shall fumish the Purchaser with certificate that such compenmom and insurance have been provided. Such cenifaaw shall specify the date when such compensation and insurance have been provided. Such certificates shall specify be dale when such compensation and insurance expires. The Seller ogress that such compensation and insurance shall he maintained until after the entire work is completed and accepted. I9. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, [.,a or injury of my kind or nature whatsaver to pewas or property caused by or resulting from the execution office work provided for in this puahase older or in connection herewith. The Seller will indemnify and hold homeless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direst or indirect, and whether to prnons or property to which the Purchaser may be put or subject by reamn of any act, action, neglect, emission or default on the par of the Sellm any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other praeedinp shall be brought almost he Purchase, or its office., agents or employees at coy time on account or by reason of tiny act, action, neglect, omission or default of the Seller of my of his contractors or coy of its or their officers, agents or employees as afnresaid, the Seller hereby agrees to assume the defense thereof cod to defend be same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments 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 praeillop, and in case judgment or other lien be placed upon or obtained against the property of the Purchases, or said parties in or as a result ofsech suits or other proceedings, be Seller will at once muss the same a To dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precaution, Finnish and install all guard necessary, for the prevention of accidents, comply with all laws and regulation wit regard to safety including but without limitation, be Occupational Safety cod Hearda Act of 1970 and all rules and regulation issued pursuant dialect. Revised 07n014