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HomeMy WebLinkAbout301247 MIDWEST TAPE LIBRARIANS VIDEO SOURCE - PURCHASE ORDER - 3215334PO PURCHASE ORDER 321533er Page City of PURCHASE 15334 1 of z ' `tCollins( This number must appear ` v on all invoices, packing sli s and labels. Date: 01/13/2015 Vendor: 301247 MIDWEST TAPE LIBRARIANS VIDEO SOURCE PO BOX 820 HOLLAND OH 43528 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 DVDS,AUDIOBOOKS,MUSIC CDS 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 150,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order 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 11. NONWANER. 98-04501. Federal Excise Tax Exemption Certificate of Registry 84 60011587 is registered with the Collector of Failure of be Purchaser to insist upon stria performance of be terms and conditions hereo( failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 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 ar paymmt for goods hereunder or approval Of the dui,, shall not rolease 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 pmchase order and shall not be deemed a waiver of any right of the damage in vansip may be returned to you for credit and arc not to a replaced except upon receipt of wriaen Pmrchnsw to most upon strict Performance hereof or any of its rights or remedies in; NO my such goods, regardless instructions boom the City of Fan Collins. of when shipped, received or accepted, as m any prior or subsequent default hereunder, nor shall my purported oar modification or nowisims of dais purchase order by the purchaser operate as a waiver of any of the to. INPcetian. GOODS arc subject to the City of Fort Collins inspection oa transit. hereof. Final Acceptance. Receipt of Ore merchaMim. navies or equipment in response to this order can North in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of be City of Fort Collins. However, it is to be undemood that FINAL Seller sod be Purchaser recognize bat in whul economic practice, overcharges resulting Now antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations ma in fact home by the Pachown. Theretofore, for good cause all as consideration for executing this purchase order, be Seller hereby assigns to be purchaser any anal all claims it may now have or hereafter Freight Temss. Shipments most be F.O.B., City of Fair Collins, 700 Wood Sr, Fort Collins, CO 80522, unless acquired under Extend) or state mtitmt laws for such overcharges relating to Om particular goods or services otherwise specified on this order. Ifpermission is given to prepay freight and charge separately, be migind freight purchased or acquired by me Purchaser pursuant to this purchase order. bill most accompany invoice. Additioml charges far Parking will Not be accepted Shipment Distance. Where manufacturers here distributing paints in vantatis pails of the country, shipment is expected Now the nwmst distribution Point to destirvstim, and excess freight will be deducted from Invoice when shipments ere rmde from greater distance. Pemuts. Seller shall P. at sellers sole cost all maxamry permits, cenifsme, and licenses remained by all applicable laws, regulations, ordinances and rules of the ohm, municipality, territory or political subdivision where the work is pM rmed, or minimal by any other duly comforted public authority having jwisdinion Over be work of vendor. Seller fuller agrees as hold be City of Fort Collins harmleas firma all against all liability and loss incurred by Hem by ¢awn of on aliened or established violation of any such laws, regulations, ordinances, rules and requirements. Automation. All parties m His contract agree Out the representative arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptmm to He to. and omblions stared herein srt foah all any mpplemrntary or adi itiowl to. and conditions annexed hereto or inewp sand herein by reference. Any additional or different lama and conditions proposed by seller are objected to and hereby rejecmd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your promised delivery dam ON noted. Time is of the ormare. Delivery and performance most be dTected within to time stated on the purchase order and be documents watched hereto. No acts of the Purchasers including, without limitation, acceptnce Of partial lam deliveries, shall operate as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding be Seller liable far damages. However, the Seller shall not be liable for damages m a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts ofGod, acts ofeivil Or military a iflowi in, governmental priorities, fires, strikes, Hood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date Of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3.WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work Of a similar nature. The Seller agrers to hold the purchaser haculms from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wunanty. the Seller shall replace, repair or make good, without cost to the parchaxr, any defects or faults arising within one (1) year or within such longer period of time we may be prescribed by law or by be mans of any applicable warranty provided by the Seller after He date of acceptance of the good famished hereunder (acceptance not to be unreasonably deloyed), resulting from imperfect or defective work done or materials famished by be Seller. Acceptance or use of goods by the Purchaser shall not Onstaim a waiver of any claim under this waronry. Except as otherwise provided in this purchase order, be Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of He foregoing anomalies or guarantees, but such liability shall in no event include lass Of profits or tom of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchsser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to be more, other than legal men¢. including additions to or deletions from be quaratic, originally ordered in the specifications or drawings, by verbal or woman change amet If any such change aRech be amount due or the time of performance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any lime by wrinrn cange .,it, mmirute this agreement ss as any or of poniom of to good Hen not shipped, subject to any equitable adjustment between be panics ss to any work or materials then in pmTpev provided Pat la purchaser sall cost be liable for any claims for mticipaed profits on be uncomplerM Panama of the goods andor work, for incidental or consequential damages, and that has such adjustment be mad, in favor of One Seller with respect to any goods which we be Sellers standard stack. No such termination shall relieve be Pmrchaser or be Seller crony of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for arijec meat most ha wounted within thirty (30) days fro the dam the change at termination is ordered S. COMPLIANCE WITH LAW. The Seller wamnls but all goad sold areunder shall have ban produced, sold, delivered and fmmished in strict compliance with all applicable laws and regulations to which the goods eft subject. The Seller shall execme and deliver such dacumenm as may h required to effect or esidence compliance. All laws and regulations required] to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold to Purchaser harmless from all costs and damages suRcnd by He Purchaser as a result of to Sellers failine m comply with such law. 9. ASSIGNMENT. Neither parry shall amigo, transfer, or convey this order, or any monies due or to become due hereunder without the prior wham consent ofbe other parry. 10, TITLE. The Seller warrants full, clear and unrosnicted title No the Purchaser for all equipment, materials, and items famished in perfmmanre of this agreement, free mid clear of any and all liens, ¢snictimn, reservation, security imefmt encumbrances and claim of others. 11. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifte Purchaser directs be Seller to correct mrconforming or defective good by a date to be, agreed upon by dre Purchaser and the Seller, and be Seller Hereafter indicates its inability or unwillingness a comply, tha Purcbaur may crone Ore work to ha performed by be most expeditious means available to it, and be Seller shall pay all costs assocu4d with such work. The Seller shell Neese the Purchaser and its contractors of any or from all liability octal claims of my .1. resulting from be performance ofsuch work. This relmse shall apply even in be event of fault of negligence of He party, released and shall extend to be directors, officers and employees ofsuch party. The Sellers command obligations, including wmranly, shall not be domed to be reduced, in any way, because such work is performed or caused to be performed by be Purchaser. 14. PATENTS. Whenever He Seller is required to use any design, device, material or process mv<rcd by lenep patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser New any wd all claims for infringement by reason of be sea of such patented design, device, material or process in connection with the contract. and shall indemnify be Purchaser for any cost expense or damage which it may be obliged to pay by reason of such infringement at any time during be prosecution or after be completion of me work. In case said equipment, ar any pan Hereof or be intended use Of the good, is in such mil held to constitute afingemem end 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 be right to continue using said equipment or pans, replace the same with subnzntially equal but noninfnnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint is receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the c Pu haser without liability. 16. GOVERNING LAW. The definitions ofterms used or be interpretation of me agreement and the rights of all parties hereunder shall be comored under and governed by the laws ofhe Some ofCclaado, USA. The following Additional Conditions apply only in taus where the Seller is to Perform work hereunder. Including the services of Sellers Ro resertative(s), on the premises Of others. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk will the same is fully completed and accepted, and shall, in se of my accident, destruction or injury to the work smaller materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to be satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, be Seller shall receive, unload, store and handle same at to site and become responsible therefor we though such materials maker equipment were being famished by be Seller under to order. 18. INSURANCE. The Seller shall, at his own expense, Provide for be payment of workers compensation, including co eupatioml drams, benefits, to its employees employed on or in connection with be work covered by this purchase order, andor to their dependents H accordance wit be laws of the sure in which the work is to be done. The Seller shall also cony comprehensive general liability including, but not limited to, mntactml all automobile public liability insinva a with bodily injury and death limits of at least S300." for my one person. E50QnW for any one accident and property damage limit per accident of S4W,M. The Seller shall likewise require his Onrmcrors, if any, to provide for such mmperwtion and nowmance. flefare my of me Sellers or his contmetors employecs shall do any work upon me premises of others, the Seller shall famish be Purchaser with a certificate tat such compensation and imumuce have been provided. Such certificates shall specify be date when such compensation and insurance have been provided. Such ce tificatm shall specify be date when such compensation unit insurance expires. The Seller agrees rat such compensation all announce shall be maintained until after be .it. work r mmplemd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes be entire miponsibiliry and liability for my and all damage, lass or injury army kind or name whalsrever to persons or property canted by or resulting fmm be execution ofhe work provided for ux this Purchax order or m cmnecton herewith. The Seller will indemnify all hold harmless the Purchaser and any cr all of He Purchasers oRcers, agmh and employers fmm and agwh t any and all claims, losses, damages, argos ca expenses, whether direct or urbora, all whether No persma ar property to which the Purchaser may be put or subject by mason of my not, action, noglea, omission or dethuh an the part of be Seller, any of his commemrs, or any of be Sellers or contractors officers, agents in employees. In cam any suit or other proceedings shall be brought against be Purchsser, or its officers, agents or employees at any time on account or by reason of any act, news, neglect, omission or default of the Seller of any of his contucmrs or any of its or ben officers, agents or employees ex aforesaid, be Seller hereby agrees to assume be defense thereof and to defend am same at be Sellers own expense, to pay any and all cans, charges, moneys fees all other expenses, any and all judgmenh that may be incurred by or obtained against the Purchaser nr any of its or their officers, agents or employees H such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against He property of be Puchaser, in said Parties in or as a result of such was or other proceedings, me Seller will at once cans, be same ON TO dissolved and discharged by giving and or wherwix. The Seller and his contractors shall take all safety pomautiona, awash and install all guards necrssary for to prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, be Occupational Safety all Health Act of 1970 and all .1. it regulations issued pursuant thereto. Revised 07=4