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HomeMy WebLinkAbout361243 OCLC - PURCHASE ORDER - 3215335Fort Collins Date: 01/13/2015 Vendor: 361243 OCLC #774425 4425 SOLUTIONS CENTER CHICAGO IL 606774004 PURCHASE ORDER PO Number Page 3215335 'eft This number must appear on all invoices, packing sli s and labels. Ship To: PUBLIC LIBRARY (MAIN) 201 PETERSON ST FORT COLLINS CO 80524-2990 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 90,000.00 DATABASES, CATALOGING, MISC 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 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 exemprons. By statute the City of Too Collins is exempt from sate and local taxes. Our Exemption Number is I I. NON WAIVER. 98-04502. Federal Excise To. Exemption Certified, of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfomrance ofthe terms and conditions hereof, failure or delay to late..] 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 or payment for goods hereunder or approval ofle design, shall not release the Seller of Goods Rejected. GOODS REIECTED due to failure to meet specifications, either when shipped or due to defii of any of the notorious or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in transit, may be resumed to you for credit and are, not to be replaced except upon receipt of written Purchaser to insist upon addict performance hereof or any of its rights or remedies as many such goods, regardless instructions fiom the City of Fort Collins. of when shipped, noici d or accepted, as 10 my pd., or subsequent defaoll bacr nde, or shall any purported am[ modification or rescission of this purchase order by the Puahsser operate in a waiver of my of the teals Inspection. GOODS are subject to the City of Fort Collins inspection on morel. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to Nis order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to he understood Nat FINAL Seller and the Purchazer mogme Nat in actual ec is practice, o grs resulting from antitrust mhargod ACCEPTANCE is dependant upon completion of all applicable required mapaetion procedures. violations are in fact home by the Purchaser. Theretofore, for cause and as consideration for executing this purchase order, the Seller hereby assigns or the Purchaser any and all claims it may now have or hereafter Freight Terms, Shipments most M F.O.B., City of Fort Collins, 700 Wood St., Too Collins, CO 80522, unless acquired under federal or state antitrust laws for such overchmges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freigh, and thing, separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will nor be accepted. Shipment Distance. Where maddiandwaS lure distributing points in ,dote pans of the country, shipment u expected from the natter Boardroom point to destuation, and excess freight will be deducted ram Invoice when shipments are made from greater duume. Permits. Seller shall porcase at sellers sole cost all necessary permi., certificates and licaoses rryumal by all applicable lases, regulations, ordimmmte and ales office statq m aricipably, lemmry or political subdivi ion where Bar work is performed, or required by any other duty considered public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamlets from and against all liability and loss incurred by them by mason of an asserted or established violation of my such laws, regulations, ordinances, ales ad requirements. Autho caation. All panics to this contract agree that the mpmwnmtivn arc, in fur, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order missraly limits acceptance to the terms and conditions sated herein set forth ad any supplementary or additional temts ad conditions annexed hereto or incontracc d herein by reference. Any additional or different feats and conditions proposed by seller are objected to and hereby jeered. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment m arrive oa your promised delivery date in noted. Time is of the essence. Delivery, and performance must be effected within the time stared 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 Minis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and oquiable remedies, the .,Iran of placing his order elsewhere and holding the Seller liable for damages. However, the Seller shall and be liable for damages as a result of delays due,. causes not reasonably farescamic which are beyond its reasonable control and without its fault ofnegligence, such acts ofGud, acts ofeivil or military outhontim, governmental Poodles, fires, strikes, Bond, epidemics, wars or hots provided that notice of the conditions cou fig such delay is given 1. the Purchase, within five (5) days More time when the Sella fiat received knowledge thereof. In the event of any such delay, the data of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY, The Seller warrants that all gods, articles, unitarian and work covered by this order will conform with applicable drawing, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of can and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless foam any Iran damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of immunity. The Seller shall replace, repair or make Sued, without cost to the purchaser, pay defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the team Many applicable warranty provided by the Seller after the date of ccepance ofthe goods famished hereunder (aaepance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Sella Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gmmnmes, 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 hands by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make my changes to the moms, other than legal terms, including addition to Or deletions from the qu t itite originally ordered in the specifications or drawings, by vetb9 or written change order. If my such change offer. the amount due or the time of Perfommme hereunder, an equitable udjuamen, Shall be made. 6. TERMINATIONS. The Purchaser may at any lime by written change ardor, hart itmte this agtecmem ere to my or all podium of the gods then not shipped, subject to my equitable adjustment between the parties as to any work or materials than in progress provided that the Puchaer shall nor ba liable for any claims fro anticipated porfits on the uncompleted portion ofthe goods md/of wok, for incidental or consequential damages, and that m such adjustment be made in favor ofthe Sella with respect to pay goods which on, the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller ofany of But, Obligations ma no any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for djmfinent mast be assured within thirty (30) days from the date the change or termidmtion u ordered. 8. COMPLIANCE WITH LAW. The Seller.. that all goods sold hereunder shall have Fern produced, sold. delivered and fumuhrd in same, compliance with all applicable laws ad regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be, minded to alfct or evidence comphmce,. All Imvs and regulations required to be incorporated in agreements of this character not hereby inecipo.led herein by this reference. The Seller agrees to indemnify and hold the Purchaser handless form all cmts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall ussign, I.mfer, or convey this order, or my monies due or to become due belcunder without the prior waters consent ofthe other party. 10. TITLE. The Seller warnrs full, clear and unratdcted title to the Purchaser for all equipment mammals, and item famished in performance of this agreement, foe and clear of any ad all liens, restrictions, reservations, security interest encumbrances and claims of offers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct mnconf Leming or defective good by a date to be agreed upon by the Purchaser and the Seller, ad the Seller NeseaBer indicates its inability or unwillingness to comply, the Purchaser may muse the work m b, performed by are, mast expedidions means available to it, and the Seller shall pay all costs associated with such work The Seller shall release the Purchaser and its committers of any tier from all liability end claims of any mture resulting from the performance ofsuch wink. This release shall apply even in the at of fault of negligence of the any relate and shall exted to the directors, officers and employees ofsuch party. The Sellers apart al obligations, including warranty, shall not be damed to b, deduced, in any way, becatuc such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is requital as use any design, device, material m process covered by Imm, patent, trademark copyright Ne Seller Shall indemnify and save harmless the Purchaser form any end all claims for infringement by reason of the use of such patented design, device, amtenal in process in connection with the contract, and shall indemnify the Purchase for any cost. expense or damage which it may the, obliged to pay by demon of such inGngement at any time during the prosecution or after the completion of the work. In au Said equipment. or any pad thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or put 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 Pads, replace the Same with substantially equal but noninfringing equipment, or modify n so it becomes mainMnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a raciver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions art,—, used or the Inmtpretati m i f the agreement and the rights of all partite hereunder shall be construed under ad governed by fee laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreuntative(s), on the premiss ofolhers. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, and shall, in se of my acciden, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seder's own expense and to the satisfaction of the Purchaser. When mamdals and equipment are [ 'shed by offers for installation or creation by the Seller, the Seller shall receive, unload, ta sre and handle same at the site and become rapensible therefor as though such notation and/or equipment were being famished by the Seller ander the order. 18. INSURANCE. The Seller shall, at his own expere. provide for the payment of workers compensation, including acupatioral disease benefits, to its employees employed on or in comemion with the work covered by this purchase order, and/or to their depedents in accordance with the laws of the state in which the work is to be done. The Seller Shall also carry, comprehensive gene.] liability including, but not limited to, contractual ad automobile public liability insurance w'iN tidily injury and death limits of at least $300,030 for any one person. S500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before any of the Sellen or his contractors employees shall do env work upon the premises of orders, the Seller shill fca ash the Purchaser with a cenifime the, such comperammn and inurms. have been provided. Such caffmcus, shall specify the data when such confederation and insurance have been provided. Such ceniftn shall specify the date when such compensation and imuranee expires. The Seller agrees that such compermation and immune shall be m dmdmtl until after der more work is completed and acaptod 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the mire tmponsfiliry and liability fro any and all damage, Toss Or injury of my kind an mine whatsoever to persons or property camel by or malting from Be execution of the work porvided fro in this Fortune order or in correction here & The Seller will indemnify and Sold harmless the Purchaser and my cr all of the prudence .Rears, agars. ad employees form and against my and all claims, fosse , damages, harges m expenses whether direct or indirect, and whether to persons or property to which the Toxemia may he par or subject by rancor of any act, action, neglect, omission at default on the pan of the Seller. any of his contractors or my of the Sellers or contractors officers, agennds m employees. In case my suit or other paceediogs shill be brought against the Purchaser, or its officers, agents or employees at my time on account or by reason of any act, carrion, neglect, omission or default of the Seller of any of his contractors or my of as or Neer officers, agess or employees as aforesaid, the Seller hereby trances to assume the defense theleuf ad to defend the same at the Sellers own expense, m pay any ad all cos., charges, mmneys fees and other expenses any and all judamem that may be, mcordd by a obtained against the Purchaser err my of its or their o ems. agents or mployees in such suits or offer proceedings, and in case judgment or other lien be, placed upon or obtained against the property of the Purchsser, or Said ponies in or as a result of such suit or other proceedings, the Seller will at once cause the same to be dissolved and inchargrd by giving bad or otherwise. The Seller ad his contractors shall take all safety precautions, f ish and install all guards necessary for the prevention of accidents, comply with all laws ad regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all ales and regulations issued pursumt raiders. Revised 092014