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HomeMy WebLinkAbout109464 INGRAM LIBRARY SERVICES INC - PURCHASE ORDER - 3215332Fort Collins Date: 0111312015 PURCHASE ORDER Vendor: 109464 INGRAM LIBRARY SERVICES INC ONE INGRAM BLVD PO BOX 3006- LA VERGNE TN 37086-1986 PO Number Page 3215332 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 1 2015 ANNUAL ORDER FOR BOOKS & MEDIA I'015'(,14 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 1 LOT LS 300,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order'1'erms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Om Exemption Numbs is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Cerifcare of Registry 84-6000587 is registnd with the Collector of Failure of the purchaser to insist upon strict performance of the terms and conditions hereof, failure m delay to Internal Revenue, Denver, Colorado (Rd. Colorado Revised Minutes 1973. Chapter 39-26, 114 of exercise any rights or remedies provided herein or by law, failure ro promptly mtiy, the Seller in the event of a breach, the acttptmttt of or payment for goods heremrdr 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 Nis purchase order and shall and be deemed a waiver of any right of the damage in mnsil, may be, rearmost to you for credit card are not ao be replaced except upon receipt of wince Purchaser to inner upon strict performance hereof., any .fi a rights or undies as a any such prank, regardless instructions from the City nipper Cultures. of when shipped, received or accepted, in to any prior or subsequent default hereurrdes, nor shall any prepared oral modification or rescission of this purchase order by the Processor operate as a waiver of any of the team Inspection. GOODS are subject to file City of Fort Collins inspection on arrival. hereof. Fired Acceptance. Receipt of the merchaMisq services or equipment in response to Nis order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the par of the City of Fort Collins. However, it is to be understood that FINAL Sella and the Furehases recognize that in azmal economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required impectioa p massacres. violations am in fact home re by the Purchaser. Thermopile, good saute cad as c mandemtim for executing this Purchase maker, the Seller hereby assigns m the P rchasa my and all claims it may now have or generator Freight Terms. Shipments must he, F.O.B., City of Fort Collins, Rlo Wood St, Fort Collins, CO 90522, unless martini unda Federal or.tam ontivua from fro such evechmges coming to Nc particular good or smices otherwise a scifd on this order. If permission is given m prepay, freight and charge setram,ely, the original fight purchased or acquired by the Purchaser pursuant m this pmceme cod, bill marsI accompany invoice. Additional charges for peaking will nor Ise accepted. Shipment Distance. Where manufacturers have distributing points in worries pars of the country, shipment is expected from the a¢arest distribution Point to destination, and excess freight will be dducld f re Invoice when shipments are made from greener deco nce. Permits. Seller shall procure at sellers sole cost all necessary petmirs, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, larirory or political subdivision whole the work is performed, or required by any other duly constituted public antimony havingjurisdiction over the work of vendor. Sella further agrees to hold the City of Tom Collins harmless from and against all liability and loss cured by them by reason of.n asserted or amblished violation of any such laws, regulations, ordinances, rules .it rryuimnamps. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and posses full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fort and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or if Earn, terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyoa reamed make complete shipment m arrive on your promised delivery Jute as naafi. Time is of the essence. Delivery and performance mutt be efl'a ld within the time staid on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal ad equitable remedies, the optima of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not b , liable far damages as o resul, of delays due to causes not reasonably foreseeable which are beyond its reasmboble comrol and without its fault of negligence, such acts ol'God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemin, wars or riots prodded that notice of the condition coming such delay is given to the Purchaser within five (5) days of file time when the Sella first received knowledge thereof. In the event of any such delay, file date of delivery shall be extended for the period equal to Sae time actually lost by rcawn of the delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by Nis order will conform with applicable drawing, specifications, samples and/or other descriptions given, will be fat for the pogroses intended, and performed with the highest degree of care and competence in accordance with mceptd standards for work of a similar nmeare. The Seller agora to hold the pumhuer homless front my lass, damage or expense which the PurcM1nser may suR or incur on mmmt of Ile Sellers breach of warranty. The Sella shall replace, repay or make good, without coo to the puchaseq any defects or faults arising within one (1) year m within such longer period of time res may be presrnbd by law or by the toms army applicable waarmry Provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect m def live work done or materials NmisM1d by the Seller. Acceptance or use of goods by the purchaser shall not constitute a waiver of any claim under this warranty. Except m otherwise provided in Nis purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or gmmntees, but such liability shall in no event include lass 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 fools by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaer may make any changes hs the teem, other thin legal terms, including additions to or deletions from the' -snide; originally ordered in dw sl'cailications or drawings, by verbal or written change order. 11 any stab change alTects the amount due or the time ofperfommnoe hereunder, an equitable adjustment shall Is, made. 6. TERMINATIONS. The Purchaser may at any time by written change order, larninam this agreement ns an any or all Panama or the goods then not shipped, subject to any equiable adjustment between the parties re to any work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted potion of the gaods mNor work, for incidental or consequential damages, and that no such adjustment be made in favor after Seller with respect to my goods which are the Seller standard stock. No such acres rtation shall relieve the Purchaser or the Seller army of their obligations as to any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be excited within thirty, (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella wamom Nat all goods sold hereunder shall have bran produced sold, delivered aod fisom ed th strict compliance with all applicable from and regul,aions to which the good aor, subject The Seller shall execute and deliver such documents M nay be, requimd to effect or evidence compliance. All laws end regulmiom required] to be uworporated in agreements of Ibis character are hereby incorporated herein by Ibis reference. The Seller agrees to indemnify and hold the Purchaser hamlless from all cans and damages su find by the Purchaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey Obis ender, or my monies due or to become due hereunder without Otc prior wriden mnsena argue other party. 10. TITLE. The Sella wartans fall, clear and unreslricial title to Obe Purchsr for all equipment matmals, and it. fumishd in performance of Nis agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims .fathers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchases directs the Sella to correct nonconforming or defective goads by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereunder indicates its inability or brill mmess to comply, the Purchmes may cause the work to M pe rimmed by the as, expeditious means available to n, and the Seller shall pay all casts associated with such work. The Seder shall release the Ponhmes and its contractors of any her fmm all liability and claims of any nature resulting fmm the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend m the directors, oRcers and employees of such Parry. The Sellers contractual obligations, including warramy, shall nor be doomed to be reduced, in any way, because such work is perfamad of caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, parent, trademark or copyright, the Sol let shall indemnity and save harriers the Purchaser from any and all claims far infringement by reason of the use of such patented design, device, material or praess in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by mason of such inMngement at any time during the Formation or after the completion of the work. In case said equipment, or any part thereof or the intended use of the gwhss, is in such suit held re constitute infringement 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 1. continue using said equipment or parts, replace the sane with substantially equal but noninfeinging equipment, or modify it so it becomes naNnGngill 15. INSOLVENCY. If the Seller shall beconm insolvent or bankrvpl, make an assignment for the benefit of credimrs, appoint a receiver or trvsaee for any of the Sellers pmty or lbabusiness, Nm Ibis order ay Following be canceled by the es purchaswithout liability. 16. GOVERNING LAW. The definitions of lerrm used or the metrication order agreement and the rights crest parties broaches shall be cmnrrued under and govcmd by the Imes of she Same ofColamdo, USA. The following Additional Condilions apply only in cases where the Sella ism perform work Interpreter, including the services ofSellm RepresrnutivIXs), m Oaepremises ofothers. 17. SELLERS RESPONSIBILITY. The Seiler shall cart, im said weak el Sellers awn risk until the same is fully compldd and a ceded, and shall, racase of any accident, destruction or injury to the work and/or amtmak before Sellers fwl completion and mmu nce. complete the work at Sellers own expense and to file satisfaction of the pardoner. When materials and equipmem arc Nmishd by others for installation or eaection by the Seller, the Sella stall receive, unload, store and handle same at the site and become responsible therefor m though such mraeriak md/or equipment were being famished by the Seller under the older. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with me work covered by this purchase order, and/or to their dependents in accordance with the laws of the sure in which the work is to be data The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability in .... so. will, lamhly injury and death loon, of u1 Iemt glim..O fur any one person, 550f,UW for any one accident and property damage limit per accident of 8400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employces shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided Such certificates shall specify the Jute when such compensation and insurance have been provided. Such certificates shall specify the dale when such compensation and insurance expires. The Sella agrees than such compensation and insurance shall be maintained until after the entire ..,it is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire reslroresibiliry and liability for any and all damage, loss or injury ofany kind r nature whatsoever to persons, or property causal by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify sad hold barmless the Purchaser and any cr all of the purcM1ase. olfecrs, agents and employees fmm e, es end ii,macry and all claims, los, damages, age harms or expenses, whether direct or moral, am whether Ili persons or 'napeo, on which the Purchaser may be put or subject by reason of any act, action, region, omission or default on the pan of the Seller, any of his contractors, or my of the Sellers or contractors officers, agents m employers. In cone any suit or other ptoedings shall be brought against the Puchmer, or its officers, agents or employees at any time an account or by mson of any act, action, neglaL omission or default of the Seller of my of his mntrxaors or any of its or their officers, agents or employees as aforesaid the Seller hereby agrees an assume the defense Nermf and to defend the same al the Sellers own expense, b pay any surd all cos., changes, a carmys ftts and other expenses, my and all judgmens that may be insured by or obtained against the Paralum r or my of its or their officers, agents or employees in such suits or other pmcedings, and in case judgment m other It. be placed upon or abtaipold against the property, of the Purchaser, or said parties in m as a result ofsuch suds or other pmceodurip, the Sella will at once muse the setae to be dissolved and discharged by giving bond or otherwise. The Seller and his mntmctors shall take all safety precaution, famish and install all gmtds oa., far the prevention of incidents, comply with all laws and mi, lationa with regard to salary including, but without limimtion, the Occupational Safety and Health Act of 1970 and all roles anal regulations issued pursuant flonew. Revised (Undid