HomeMy WebLinkAbout171314 INNOVATIVE INTERFACES INC - PURCHASE ORDER - 3215333Fort Collins
Date: 01/13/2015
PURCHASE ORDER
PO Number Page
3215333 1012
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 171314 Ship To:
PUBLIC LIBRARY (MAIN)
INNOVATIVE INTERFACES INC
201 PETERSON ST
5850 SHELLMOUND WAY
FORT COLLINS CO 80524-2990
EMERYVILLE CA 94608-1901
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
150,000.00
CATALOGING & COMPUTER SVCS
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 $150,000.00
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 Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cor ificite of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejectal. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be rammed to you for credit and are not to be replaced except upon receipt of writer
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the Cary of I. Collins impaction oa arrival.
Final Acceptance. Receipt of the merchandise, servicas or equipment in response to this order am
,exult in
authonsed payment on the pan of the City of Fort Collins. However, it is to be understood thatFINAL
ACCEPTANCE is dependent upon completion of all applicable comical inspection pr esmures.
Freight Terms, Shipments most be F.O.D., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to party freight and charge separately, the anginal freight
bill mast accompany invoice. Additimal charges far packing will Out be accepted.
Shipment Distance. Where manufacturers have dhbibuting points in various pans of the country, shipment is
expected from the nearest distribution point to datimftan, and excess height will be deduncd from Invoice when
shipments me made from greater distance.
Pennies. Seller shall procure at sellers sole cost all necessary, permits, certificates and Increases required by all
applicable laws, regulations, ordinances and rules of the state, municipality, temmry or Political subdivision where
the work is paberaned, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller frther agrees to hold the City of Fart Collins harmless than and against all liability and lass
incurred by them by reason of son warned or established violation of any such fares, regulations, ordinances, roles
and r yuir von.
Authorization. All parties fro this contract spree that the representatives are, in fact, bona fir and possess full mad
complete auNmity to bind said parries.
LIMITATION OF TERMS. This Pumhase Other expressly limits acceprarre m the team and conditions stated
herein set fourth and any s.,,Irmmmry m raf itioreal terns, and condhlmu annexed here,. or incorporated herein by
refaenre. Any rdditioml or differant arm card conditionss proposrd by sellerart objeckd,. and hereby rtjtt,ed.
2. DELIVERY.
PLEASE. ADVISE PURCHASING AGENT immediately ifyou vacant make mmpine shipment 1. arrive on your
promised delivery date as noted. Time is of the comes. Delivery and performance most the effected within the time
stated on the purchase maker and the documents attached hereto. No acts of the Purchasers including. without
limitation, acceptance of partial late deliveries, shall operate as is waiver areas provision, In the went.fray delay,
the Purchaser shall have, in addition as other legal and equitable remdies, the option of placing this order elsewhere
and holding the Seller liable far damages. However, the Seller shall trot h liable for damages as is mud, of delays
due to causes not reawrmbly foresceable which are beyond its reasonable central and without its fault of neglignme,
such acts of Gad, acts i feivil or ordinary autlmmia, governmental priorities, f ; strike; Brad, epidermis, wars Or
riots provided that notice of the c ns itions causing such delay is given to the Purchaser within five (5) days of the
come when the Seller fur received knowledge thereof. In the event of any such delay, the doe of delivery shall he
extended for the period Nasal m the time whadly lost by reason of the delay.
3. WARRANTY.
The Seller warants that all goods, articles, nuteri sin and work covered by this order will conform with applicable
drawings, specificasso, samples mdlar other descriptions given, will be fit for doe purposes intended, and
performed with the highest degree of sore and mmpmence in accordance with acceperal saM rd for work of a
similar came. The Seller agrees to hold the purchaser hmmless from any loss, damage or expense which the
Purchaser may sager ar incur on account of the Sellers breach of wmmmmy. The Sellershall replace, repair Or make
goad, without cost c the purchaser, any defers, or faults musing within one (1) year or within such longer period of
doe as may be prescribed by law or by the terns of—y applicable warranty provided by the Seller after the dime of
ecceptmnce of the goods nourished heremder (zc latame not at be unreasonably delayed), resulting from imperfect
or decays, work done or omen ds fwnedual by the Sella. Accppance m use of good by the Purchaser shall not
romans a waiver of my claim under Nis wamnty. Except as otherwise provided in this purchase order the Sellers
liability hereunder shall extend to all darnaga proximately cused by the breach of any of do bargain, .,a.
or gmrdntces, bur such liability shall in no event include loss ofprafta or law of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purcbmer may male changes to legal terms by wriften change arch.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to tine tames, other than legal team, including additions to or deletions from
the quantities originally orderetl m the specifications or dawings, by cabal or ...a change order If any such
change affects the amount due or the time of fscrformance hereunder, an equitable adjustment shut h made.
6. TERMINATIONS.
The Purchaser may al any new by wrinen change .aka, common, this agreement as m any or all porric., of the
goads then not shipped, subject to any Operable adjustment between the parties as many work or materials then in
progress provided that the Purchaser shall at be liable fir any, claims for anticipated profits oa the uncompleted
portion of the good wri work, for incidental or comNuenteal damages, and that no such adjustment he made in
favor of the Seller with career to any good which are the Sellers standard stock. No such termination shall reliw'c
the Purchaser or the Sella ofany oftheir obligations as at any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for w1justment must be asserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations m which the good arc smsel. The Seller shall execute and
deliver such documents as may be retained to effect or evidence compliance. All laws and regulations required to be
ncormanted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Forebear harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall resign, transfer, or convey this order, or any monies due or to become due hereunder without he
poor wnnce coarsen ofhe other party.
10. TITLE,
The Seller warrants full, clear and umcstricted title to the Purchaser for all Nuipmem, materials, end items famished
in performance of this agreement, free and clew of any and all liens, res,nctions, reservations, security interest
encumbrances and claims ofothen,
I I. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercise any rights or remedies pmvidal herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment far goods hereunder ar approval wthe design, shall eta release the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance law ofor any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported
oral modification or rescission of this purchase order by the Purchases operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual a resulting practice, overcharges ulting from ounces,
violations art in fact home by the Purchaser. Theretoforeforgood cause and as consideration for executing this
purchase order, the Seller hereby wool as ha the Purchaser any and all claims it may now have or hereafter
acquired under federal or state antitrust laws for such overcharges relating to the particular goads or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller m correct nonconforming or defective goads by a date as be agreed upon by the
Purchaser and the Seller, and the Seller therefor indicates its inability or unwillingness to comply, the Purchaser
may curse the work to h perfmmed by the most expeditious means available to a, end the Seller shall pay all
costs..ruled with such work.
The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the Performance afsuch work.
This release shall apply even in the evem of faun of negligence of the party released and shall extend to the
directors, officers and employees of such parry.
The Seller's commetwl obligations, including warranty, shall Out be deemed to be reduced, in any way. Normne
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whcci a the Seller is required muse my design, device, Forecast or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save hmmless the Promotion from any and all claims for infringement
by reason of the use of such pranced design, devicq material or process in connection with the contmer, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the Woseculi.n or after the completion of the work. In case said Nuipmem, or
any pan thereof or the intended use of the goof is in such suit held to constitute infringement and do use of
said equipment or pan is apined, the Seller shall, in its own expense Ford at its option, either procure for the
Purchaser the right to cautious using said equipment or parrs, replace the acme with mbamnrally equal but
naninfringing e9uipmmL or modify it so it becomes mainfnnging.
15, INSOLVENCY.
If the Sella shall became insolvent or bmrkmp; make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business,thma this Faster y forthwith be canceled by the
Parchua winner liability.
16, GOVERNING LAW.
The definitions Fractions turd or the imerpremron ofthe agreement and the rights of all panics hereunder shall be
..it unilateral gwemed by the laws of the Sate c fCalomelo, USA.
The following Additiorul Conditions apply only in cases where Ile Sella Is to perform work hereunder,
including the smices of'Sellm ROprtsenatier(s), on the premises ofothers.
10. SELLERS RESPONSIBILITY.
The Sella shall cony an said work at Sellers own risk until the same is fully completed mud accepted, and shall,
nsse of any acciden% destruction or injury to the work amV., materials before Sellers fuel completion and
acceptance, complete the work at Sellers own e.,. Fond to the amisfactim of the Pa ahem, When mmmals
.it rryipmen, am furnished by others far installation or erection by th, Sella, the Sella shall receive, unlmd,
were, and handle sera at the sire and become raponsible therefor as Though such mmenins and/or Nuipmem
were king f ished by the Sella bidder the order.
18. INSURANCE.
The Seller shall, a, his own eapasse, provide for the WYmmt of workers mmt reasomm, including oca menianl
disease benefits, us its employees employed on or in connection with the work covered by this purchase order,
andlor to ,bar dependents in acrnNance with the laws of the state in which the work is to be done. The Seller
shall also cart, comprehensive general liability including, but not limited has commctuul and automobile Public
liability imumnce with bodily injury and death limits of m least E100p00 for any one Person, 5500,000 far my
one accident and property damage limit per accident of 5400,000. The Sella shall likewise require his
contractors, if way, to provide for such compensation rand insurance. Before any of the Sellers or his asomctors
employees shall do any work upon the premiss of others, the Seller shall fumuh the 19uchasm with a certificate
that such compensation and insurance have been provided. Such arrifcates shall specify the date when such
compensation and insurance have ban provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and imammc shall be mainainal mail after rise
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby insonersakes entire respansibility and liability for any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or mulling from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchases and my
or all of the Purchaser officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indiren, and whether to persons or pmpety m which the Purchases may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employes. In wee my suit or office
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 Sella of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, momays fees and other expense;
any and all judgments 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 case judgment or other lien be placed upon or
obtained against the propety of the Purchusm, or said parties in or as a result of such suits or other procendup,
the Seller will at once cause the same to h dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall take all safety precautions, furnish and install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1920 and all rules and egulatioss issued pursuant thereto.
Revised 07/2014