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HomeMy WebLinkAbout103211 RECORDED BOOKS LLC - PURCHASE ORDER - 3215339Fort Collins Date: 01113/2015 Vendor: 103211 RECORDED BOOKS LLC PO BOX 64900 BALTIMORE MD 21264-4900 PURCHASE ORDER PO Number Page 3215339 loft 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 AUDIOBOOKS 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 Terns and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502, Federal Exrix Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Inmmal 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 and fry the Seller in the event of a breach, the acceptance ofor payment for goods hermalia or approval ofthe design, shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure to of specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in tram, may be resumed to you for credit and are not m be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies w to any such goods, regardless instructions from the City of ran Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject In the City of Fort Colors inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in re ricam to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. aullmumd payment on the part of the City of FOR Collins. However, it is to be malculand tbar FINAL Seller and the Purchaser recognize that in actual accurate practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable requital inspection pu cedar. violations are in fact home by the Purchases. Theretofore, for good cause and as consideration for executing this purehae order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be ROB., City of Fort Collins, 200 Wood St, Fart Collins, CO 80522, unless acquired under federal or sure antitrust laws for such overcharges relating to the particular goods or services otherwise specified oa this order. If permission is ,an to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant o this purchase order. bill most accompany invoice. Additional shames for parking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the cement distribution point to destination, and excess freight will be deducted from Invoice what shipments are made Gom greater distance. Permits. Seller shall procure at sellers sole cost all necea ny review, ceninutas and licercus required by all applicable laws, regulations, ordinances and sales ofthe state, municipaliry, tertmory Or political subdivision where Ne work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor Seller further agrees to hold the City of Fort Collins harmless Sam and against all liability and loss incurred by them by ream of m assured or established violation of any such laws, regulations, ordinances, into and requirements. Authovation. All portion 0 this contract agree that the representatives are, in fact, From fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Putubzse Order expressly limits acceptance to the mom and conditions stated herein set foM and any supplementary or additional tetra and conditions ance ed hereto or inampars eel herein by reference. Any additional or different terms and conditions purposed by seller art objected to and hereby rejered. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedutely if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the parchue order and the documents attached bereto. No act of the Purchasers including, without limitation, ovepmntt ofpmial lam deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal aM equitable ¢medics, die option of placing this order alsewbere ad bolding the Sella liable for damages. However, the Sella shall rest be liable for damages as a result of delays due m caves net reasonably foreseeable which are beyond its masomble control and without its fault ofnegligence, such acts fGod, as ofeivil or military authorities, govemmenml priorities, firs, strikes. Rood, epidemics, wars Or riots provided that nods, of the conditions causing such delay is given m Ne Purchases, within five (5) days of the time when the Sella first overeat knowledge thereof. In the event of any such delay, the dam of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller womn , dal all goods, articles, materials mad work covered by this order will conform with applicable drawings, specifications, samples srd/or, otlo, descriptimvs given, will be fit for the proposes mounded, and performed with the highest diagram of ram and comperaue in accordance with secepted stadard for work of a similar mauve. The Sella agrees to hold the purchaser harralas from any lass, damage or expense which the Purchaser may suR or wcur on recount of the Sellers breach of warmnry. The Sella shall coplanar, repair or rake good, without cosuo the purchaser, any defects or faults arising within one (1) year or within such longer period of time as ray be prescribed by law or by the terns army applicable warranty provided by the Sella after thc date of acceptance of the goods fivaished hereunder (maptiner not to be unrmrorably delayed), resulting from imperfvt or defective work done or ante rials f 'shed by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise Provided in this ptuchae ode, the Sellers liability hereunder shall extend to all damages proximately vowed by the breach of any of the foregoing wamnties or Romance, hurt 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 TERNIS. The Purchaser may make changes to legal terms by written change order 5. CHANGES W COMMERCIAL TERMS. The Purebazer may make any changes to the to=, other Nan legal terms, including additions to or deletions fmm fie quantities originally ordared in Ne spe rianiom Or drawings, by cabal or woman change order. If any such Change affects the amount due or the time of perfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change odes, terminate this agreement as to any or all portiors of the goad then not shipped, subject no any equitable adjustment between the parties as to any work or materials then in progress provided that the Purebaar shall not be liable for any claims for anticipated profits on the uncompleted Portion of Orr goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any gods which are the Sellers suMard stack. No such nomination shall relieve the Purchaser or the Sella of any ot'dwir obligations, as to any goads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for ashustuhent most be asserted within dairy (30) days from the date the change or Seminarian is ordered. 8. COMPLIANCE N9TH LAW. The Sella warrants that ell good sold hereunder shall hove ban produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the Hoods art subject The Seller shall execute and deliver such documents as may be required to elect or evidence compliance. All laws and regulations required to be incorporated in agreements of this ammeter are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form all costs and damages suffered by the Purchaser as a resull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, trans@, or convey this order, or any monies due or to became due hereunder without the prior women consent of the order party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all diem, restrictions, reservations. security interest encumbrances and claims of ofers 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller tberafa indicators its inability or unwillingness m comply, the Purchaser may coax the work to be Performed by the most expeditions memo available to it and th< Seller shall pay all casts associated with such work. The Seller shall release the Purchaser and its cmnractors of any tier from all liability and claims of any nature resulting fmm the performance of such work. This relowe shall apply even in the event of fault of negligence of the parry, released and shall extend to fire directors, officers and employees ofsuch party. The Seller's contractual obligatio e, including waranty, shall not be roared to be reduced, in my way, because such work is performed or caved to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process coveted by letter, pataL trademark or copyright, the Seller shall indemnify and save harmless the Purclansv from any and all claims for infringement by town of the use of such peeved design, device, material or process in connection with one contract, and shall indemnify the Pumleastt for any and, 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 equipment, or any part thereof or the intended tie of the goods, u in such suit held to corporate infringement aM the use of said equipment or pan is enjoined, the Seller shall. al its owns as,. end al its option, either procure for the Purchaser the right to continue using said equipment or pats, replan the worse with substantially xqual but norti ufringing equipment, or modify it so it becomes noainfdnging. 15. INSOLVENCY. If the Sella shall become insolvent or hmhkmpt, make an assignment for the bereft of creditors, appoint a receiver or truss for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitiore of mare used or the interpretalion ofthe agreement and the rights ofall parties haawder shall be orevued under and governed "a laws of the Some ofColondo, USA. The following Additional Coadhiaa apply only in cases where the Seller u an perform work hereunder, including the services of Sellers Rapmmoutivc(s), on the pmnims ofoNen, 12. SELLERS RESPONSIBILITY. The Seller shall any on said work in Seller's own risk until thc same is fully completed and a seepta and shall, in case of any accident, destruction or injury to hie work notice mannish, before Seller's final completion and sometimes, complete Nc work at Seller's own sxperee and to the satisfaction of the Purchaser. When materials aM equipment am fumishal by others for installation or erection by tie Seller, Ore Sella shall receive, unload, stare and handle same at the site and became responsible therefor as though such materials and/or equipment was being famished by Ose Seller ands the order. IS. INSURANCE. The Seller shall, at has own expense, provide for the payment of workers compensation, including campaioal disease benefits, to its employees employed on a in connection with the work covered by this pumhau order, amAr to their dependents in accordance with the laws of hie afore N which the work is lobe done. The Sell, shall also carry compreheaive general liability including, bur not limited to, commictal and automobile public liability insurance with bodily injury and death limits or or laso 5300,000 for any one Person, $500. r for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, Worry, to provide for such compensation end trsuraha. Before my of Ne Sellers or has commences employees shall do my work upon the premises of others, the Seller shall famish the Purchatt with a ceni0cam that such compensation end insurance have been provided. Such eamarem shall specify Ne dam when such compensation and insurance have ben provided. Such certificates shall specify the dam when such compensation and imaranee expires. The Seller agrees Nat such compensation am immature shall be raie mined mail after Re ,mire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind or nature whvowever to persons or property caused by or resulting fmm the execution ofhie work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pumhaxr and any r all of the Purchasers officers, agents and employers from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether in parsons or property to which the Purchaser may be put or subject by reason of any tut, ration, neglect, omission or default on the part of the Seller, any of his ammeters, or any of the Sellers or contractors officers, agents in employers. In cox my suit or other prveeding shall be brought against he Purchaser, or its officer, agents or employees at any time on account or by reason of any act anion, neglect, omission or default of the Sella of any of his contractors or my of its or their officers, agents or employees as aforesaid, Re Seller hereby agrees to assume the defense Hereof and to defend hie same at the Sellers awn expense, to pay any and all costs, charges, mtomrys fees and other expenses, any and all judgments that may be insured by or obtained ugainsl the Purchaser or my of its or they oI iccrs, agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property cribs Purchaser, or said parties in or as a result of such suits or order proceeding, the Seller will at once cause the same to be dissolved and dieharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, Burnish and install all gourds necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, me Occupational Safety and Health Act of 1990 and all rules and regulations issued pursuant Hereto. Revised 0912014