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HomeMy WebLinkAbout351548 US BANCORP - PURCHASE ORDER - 9117658Fort Collins Date: 12/29/2011 Vendor: 351548 PURCHASE ORDER US BANCORP OFFICE EQUIPMENT FINANCE SERVICES PO BOX 790448 ST. LOUIS Missouri 63179-0448 PO Number Page 9117658 1of3 This number must appear on all invoices, packing slips and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS Colorado 80524 Delivery Date: 12/28/2011 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price Lease Payments for Sharp 277 Refurbished Copier 1 LOT LS Lease for refurbished Sharp ARM-277 Copier, Serial #: TBD Location: City of Fort Collins -Traffic Operations @ 626 Linden Street, Fort Collins, CO 80524 Lease Term: Thirty -Six (36) Months Base Payment: $61.00 per month Includes: -0- B 8 W Prints per Month. 732.00 Per U.S. Bancorp Master Lease Contract 500-0058745-000 and Lewan quote received 12/22/11 Line 1 amount for 12 months of payments. Non -appropriation of Funds Lessee reasonably believes that it will have a need for the Equipment for the duration of the Lease and that funds will be available and appropriated to make all payments under this Lease , however, the availability of funds in future fiscal years is dependent upon appropriation of funds by Lessee's City Council, which appropriation is entirely discretionary. Lessee will seek funding each year as part of its Budget process. If funds to continue the leasing of the Equipment for the portion of the Lease term falling in the next year are not legally available for such purpose, Lessee may terminate this Lease at the end of the current year without penalty. Lessee will notify Lessor at least thirty (30) days prior to the end of the year if funds are not available for the payments required under this Lease by reason of non -appropriation or non -availability of funds as set forth above. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO 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 PO Number Page 9117658 2of3 This number must appear on all invoices, packing slips and labels. Total Invoice Address: $732.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is I L NONWAIVER. 98-0r502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tenor and conditions hereof, failure or delay a Internal Revenue. Deaver, Colorado (Ref: Colorado Revisd Statutes 1973, Chapter 39--26. 114 (a). cxcmisc any rights or mmedics provided herein or by law, failure to promptly notify the Seller in eta event of a breach, the acceptance of., payment Ivor goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to filure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purclaee order and shall or be deemed is waiver ofully right of the damage in transit may be resumed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of is rights or mucdics as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any lampooned oral mmodifieution or rescission of this purchase order by the Purchaser operate as a waiver ofany of the terms Irupcen.n. GOODS am subject to the City of Fun Collins inspection on arrival. hereof: Final Acceptance. Receipt of the nurehamdisc, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins Howevcq it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form aiitilmst ACCEPTANCE is dependent upon completion ofull applicable required inspection plicdures. violations am in fact borne by the Purchaser. Theretofore, for good cause and as consideration fur executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereutter Freight Temu. Shipments man be F.O.B., City of Four Collins, 700 Wood Sr., Fort Collins, CO 80522, unless acquired under federal or site antitrust laws for such overcharges mlating to the particular goods or services otherwise specified on this order. If p nnikwi.n is given to prepay freight and charge mpuratcly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for Taking will not be accepted. 13. PURCIIASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Whem manucusamers have distributing points in various puns of the country, shipment is If the Purchaser dimets the Seller to correct... smifiermirg or defective goods by a date to be agreed upon by the expected form the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller themaRcr indicates its inability or unwillingness to comply, the Purchaser shipments are made front greater distance may cause the work to be performed by the most expeditious mearns available to it, and the Seller shall pay all costs associated with such work. Permits. Sella shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vnmdor. Seller further agrees to hold the City of Fair Collins hamtless from and against all liability and less incurred by then, by reason of as assured or established violation of any such laws, regulations, ordinances, rules and mquimnmms. Authotizoti.a. All panics to this contract agree that the representatives arc, in fact, bonu fide and psscss 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 forth and any supplementary or additional tents and conditions annexed hereto or incorporated herein by refercnae. Any additional or dilTirent terns and conditions proposed by seller are objected to unit hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial Ire deliveries, shall operate as a waiver of this provision. In the event slimly delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option m placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for dan)agcs as a result of delays due to causes out name bly I'oresc,ublc which are beyond is reasonable control unit without its fault ofnegligence, such acts of God, acts of civil or military authorities, gm'emmcnud priorirics, fires, strikes, flood, epidemics, wan or riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the time when the Seller first rcccis'ed 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 mason of the delay. 3. WARRANTY. The Seller warns that all goods, articles, materials and work covered by this order will condor with applicable drawings, speciticatiaru, samples and/or other descriptions given, will be lit for the purpuscs intended, and petitioned with the highest degree of care unit competence in accordance with accepted standards for work of a similar nature. The Seller agrcn to hold the purchaser harlcs form any loss, manage or expense which the Purchaser may sutfor or incur on account of the Sellers beach of warranty. The Seller shall replace, repair or make good, without cost to the purchawr, any defects or full arising within one (U year or within such longer period of time as may be prescribed by law or by the wool ofuny upplicablc warranty provided by the Scllcr after the date of ueccpmnce of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting loom imperfeet ur defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as othcmise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the beach ol'any or the foregoing war hies or guarantees, 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 more; by written change order. 5. CHA NGES IN COMMERCIAL TERM S. 1'he Purchaser may make any changes to the tents, other than legal mono, including additions to or deletions from the quantities originally ordered in the specificmimu or clawing., by verbal or written change .,it,, If any such change anccs the.moan, due m the time of p,,funnatec hereunder, as equitable djusmtem shall be made. 6. TERMINATIONS. 'Fhe Purchuscr may at uny time by written change order, terminate this agreement as to tiny or all portions of the goods then not shipped, subject to any equitable adjustment beuvcan the parties as nor any work or materials then in progress provided that dnc Purchaser shall nor be liable Ivor any claim, fur amicip,oid profs un nlie uncompleted portion of the 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 goods which arc the Sellers nandard sack. No suet, ccnni cation shall relieve the Purchaser or the Seller orally of their obligations as to any goods deivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the clung, or I...ination is ordered. S. COMPLIANCE WITH LAW. The Sailer warns that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as.may be required no effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character ore hereby incorporated herein by this reference. "Fhe Seller agrees to indemnify and hold the Purchaser hanile. from all costs and damages suffered by the Purchaser as a result victim Sellers filure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, mat criuls, and items famished in perfomancc of this agreement, free and clear of any and all liens, restrictions, rewn allay, security interest cmcumbmnc,s and claims f.the.. The Scllcr shall release the Purchaser aid its contractors of any tier from all liability and claims of any nature resulting Junin [lic perlornomec ofsuch work. This ,]case shall apply even in the event of fault of negligent, of the puny released and shall extend to the directors, otliccn and enmployees ofsuch party. The Settees xicunelml obligations, including aTommy, shall not be divined to be reduced, in any way, because such work is performed or 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, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by mason of the use of such patented design, device, matcriul or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofineh infringencol m any time during the prosecution or after the completion of the work. In ease said equipment, or any pun thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pun is enjoined, the Seller shall, at its own expense and at its option, either pmcure for the Purchuscr the right to continue using said cquipnrcnt or pans, replace the mac with substantially equal but rnintHnging equipment, or modify it m it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee fur any of the Sellers property or b.sincss, this order may forthwith be canceled by the Purchaser withnit liability. 16. GOVERNING LAW. The definitions of lent, used or the interpretation offl a agreement and the rightsofall parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenative(s), on the premises of When. 17. SELLERS RESPONSIBILITY. The Seller shall cuwy on said work at Seller's awn risk until the mow is fully completed and accepted, and shall, in case of nay accident, destruction or injury to the work and/or materials before Seller's foul completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by other for installation or erection by the Seller, the Seller shall receive, unload, ,In. and handle wore at the site and became responsible theefr as though such materials and/or equipment were being furnished by the Seller under the order. 18, INSURANCE. The Scllcr shall, at his .,a expense, provide for the payment of worker, compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the lows of the state in which the work is to be done. The Seller shall also curry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance will, bodily injury and death limits ofal last S300,000 for any one person, S500,000 for uny one accident rend property damage limit per accident of $400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors cmptuyccs shall do any work alien the premises .fathers, the Seller shall furnish the Purchaser with a ecraficmc that such emnpensution and insurance have been provided. Such certificates shall specify the date when such compensation and insmancc have been provided. Such cer ideates slall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until after the entire work is cumpleted and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ussumes the entire respomibilily and liability finally acid all dannage, loss or injury orally kind m naturel luilsoover 1. personsor property caused by committing from the execution of the work pmvided for in this purchase order ur in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees I}oto and against uny' and all claims, loses, damages, charges or expenses, whether direct or indirect, and whether to permits or property to which the Purchuscr may be put or subject by reason of any act, action, neglect, emission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contactors otliccn, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or is officers, agents or employees at any time on account or by reason of any net, anion, neglect, omission or default of the Seller orally of his contractors or any ofits or their otliccn. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at knc Sellers own expense, to pay any and all toss, charges, attorneys fees unit other expenses, any and all judgments that may be incurred by or obtained aguiasl the Purchaser or any of its or their officers, agent, or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or mid parties in or as a result of such cis or other proceedings, the Seiler will at once cause the same to be dissolved and discharged by giving bond or othem ise. The Seller unit his contractors shall take all safety precautions, famish and install all guard$ necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitanion, the Occupational Safety and Health Act of 1970 and all rules unit regulations issued pursuant thereto. Revised 03P_010 embank Value Lease APPLICATION NO. VI AGREEMENT NO. SUPPLEMENT NO Supplement o Oo 5787yv ooc Full Legal Name: �° r��✓ Col%IhS - %`� {�,lC�D.� �j/f 74 Address: 6ZG Girde.j 5f. c.g Co Urns Co 8os'Zy Phone: 9 7D Z Z 1 6 6 o Fax: DBA: Billing Address: A 0 /3r r S Rn 4`ce i Colli'f S C D Rn Z Z DA- i L. 3. 4. 5. 6. 7. 8. EQUIPMENT DELETEO� Make/Model/Accessones Serial # Ending Meter 1. 2. 3. 4. 5. PA YMENT FOR NEW EQUIPMENT ONL Y: Monthly Payment , 00 B&W Pages Included Excess B&W Page Charge' Color Pages Included Excess Color Page Charge* Q METER READINGS VERIFIED MONTHLY *plus appfrcable taxes Mrs. Balance of applicable term. Termination date of this Supplement coincides with the termination date set forth In the Value Lease Agreement or previous Supplement (as applicable). 3 Mos. New term for Equipment referenced above only. Such term begins upon Supplement endorsement and acceptance by Owner. The term of the Value Lease Agreement shall remain in full force and effect for the remaining original Equipment You have requested this Supplement to vie Value Lease Agreement (or Supplement) asset forth above. Except for the specific provisions set forth above, the conditions set forth in the Value Lease Agreement and any personal guamnty(s) shall remain in full force and effect and are incorporated herein by reference. You certify that all conditions and terms of this Agreement have been reviewed and agreed to. The Agreement shall commence on the day that the Equipment is delivered to you and the Agreement shall be irrevocable and non cancelable In all respects thereafter. You understand and agree that we will purchase the Equipment from Supplier in reliance on your acceptance and you may contact the Supplier for warranty rights. By providing a telephone number for a cellular phone or other wireless device, you are expressly consenting to receiving communications (for NON marketing or solicitation purposes) at that number, including, but not limited to, prerecorded or artificial voice message calls, text messages, and rails made by an automatic telephone dialing system from Lessor and Its aftillates and agents. This Express Consent applies to each such telephone number that you provide to us r in the future and permits such rails. These calls and messages may incur access fees from your cellular provider. �5� Print Name: _ �" "' U2Q Signattue: X TiUe:�Q�c Custome►�J��F jamA I <fO4J-/AJ S Dated: l ?/ 7n_ ZV Print Name: Lessor. U.S.SBancorp Equipment Finance Group DatedEquipment Finance Group Dated: 26174 - 10/21 /2009 PO Denver, Colorado Wall COST PER PRINT 80� AGREEMENT 303.759.SMt0 a Xerox MONTHLY/&QUARTERLY DENVER BOULDER COLORADO SPRINGS FORT COLLINS GLENWOOD SPRINGS PUEBLO SILVERTHORNF CHFYFNNF CUSTOMER NAME SHPTOCUSTOMEt BILL To CUSTOMEi C' of Fort Collins- Traffic Dept " �� PP SERVICE ADDRESS BILLING ADDRESS - Act• I ' PAYA6 INTERNAL USE ONLY 626 Linden St P.O. Box 580 N DN CITY STATE ZIP CODE OTY STATE ZP CODE Fort Collins CO 80524 Fort Collins CO 80522 ROGRAMTYPE MIVED DATE CUSTOMER KEY CONTACT PRINTED NAME CUSTOMER PHONE TERMS Sand Ara on 970 221 6630 NET XDAYS WAC ED EEO DATE CUSTOMER KEY CONTACT sMAIL ADDRESS CUSTONIEjZRC ORDER NUW sara on ov.Com c 0 Ea LEWANREPRESENTATNEI NO LEWAN REPRESENTATIVE2 No. Scot Ruch 721 DATE AGREEMENT PRICING: BEGINNING MINIMUM IMAGE ` MINIMUM OTRLYIIMAGE PRpDUCT CODE! DESCRIPTION SERIAL NUMBER! LOCATION METER BASE + ( COPIES x RATE / BILLING OVERAGE / MONTH / MONTH. CHARGE 1 Refurbished SH__7 _________________ $10.00 500 $10.00 0.02000 SALES TAX BASE SUBTOTAL: $10.00 SUBTOTAL: $10.00 CODE: 0 SALES TAX TOTAL: RATE: 0 ��''��PcuE ESTIMATED TOTAL MINIMUM BILLING /BILLING CYCLE: L�J uRs Excess coPnwrwr vi,Rees AGREEMENT TERM: NO HASSLE eMETERING NOTICE EFFECTIVE START DATE OF THIS AGREEMENT: TERM OF THIS AGREEMENT: Q 12 Mos ❑ 24 Mos ❑ 36 Mos ❑48 Mos ❑ 60 Mos This Agreement offers monthly base billing and quarterly overage billing METER SUBMISSION METHOD: based on data Collected on my network FMAUDIT ❑ PRINT TRACKER © OTHER by eMetering Application. As new devices are discovered on my network INVOICE OPTION: (CHOOSE ONLY ONE) they will be automatically included ®BY INVOICE MAILED TO BILLING ADDRESS (ABOVE) under this Agreement. BY SPREADSHEET eMAILED TO AP DEPT AT TERMS AND CONDITIONS: Under this Cost Per Prim Agreement (to "Agmement ), Lewan & Associates, Inc, (the'Compary') will provide all toner, developer, and drums ('Supplies') and all labor, parts. and materials that it deems appropi tat e and necessary to maintain in good operating condition those covered imaging devices which are listed above and/or on Schedule A andlor on Schedule 8 (If attached and signed try both parties) ('Producr). The statement of work associated with this Agreement is hereby incorporated by reference. Service shall include the diagnosis and correction of Product malfunctions and failures, es well as preventive maintenance, from timeTxo tlme, as deemed necessary by the company ("SeMce; and 'Services). AA Service shall be pwfoo during the normal business hours of Monday through Friday, B:OOAM to S:OOPM, local observed holidays excluded (the Normal Business Hours), unless otherwise set forth in this Agreement This Agreement bills base amounts each month and overages quarterly. This Agreement is two pages: this first page is referred to as the 'Cover Page.' The Terms and Conditions continua on a second page, tha'Back Page; and are an integral part of this Agreement, which Customer, named above, hereby acknowledges having read and accepted. ACCEPTANCE:Q � — rn Lewan & Associates, Inc. Lewan & Associates, Inc. /Cusrsir Authoft Signature \J�/• Sales Printed Name CPP Manager Printed Name Customer Printed Name n ��cxa22.c� vsC.t/'ilt�y/� Date Cate Title NOTE: COST PER PRINT AGREEMENT BECOMES EFFECTIVE ONLY AFTER SIGNED ACCEPTANCE BY CUSTOMER AND CPP MANAGER. Date 1272-q u REV 70RDIt ELECTRONIC Lewan & Associates' Cost Per Print Agreement CPPa Thin pop aIs alsoccepted. ThisMo 1Bark Pap' of Mls Agreement Tip Terms arc Conokom pnnppd on and Sack Page an won as on the Cover Page am W Integral pain of this Agnxrtent wricit CustomUrb Customer hereby eMedgae having radio Agreement Y subject to Mesa Terms aed Conddlcre, 1.0 SERVICE ea -SUPPLIES 1.1 Products must W used only In operating mndllbns and mvironmunb Mat am usual and aabmary for products of Nit type and Wit any M SarAoed at Customers location as detafad In the Customer Information satton on me Cover Pep of Ms Agrad mat it 1s understood Met me term'Produde' does no Include: (a) computer Maud equipment Including bud not IlmBed b, CPUs, hubs, roubm, swhdps, and modern, or aocmodes to Products; (b) my network or own -network assg; (c) Doss W Insult optlom or penphems Mat am Purchased during t omen of this Agreement or (d) my other oomponmt or Ism rat speclRmlly act torah In me Cc. Page or on any SUbdurb of Me Agreement 12 SmAcas imvided by Me Company "I Inc ude Me wet unless otherwise escaped, of as Labor, psm, bar, devabper. drum and majorals which became recital trough rwrmat wear end tear and me usual and customary me of the Pmdice. Ail Metal (eoluding Bros aft emotional htems In whole or In part by accident miwse, &bus, theft vmdallmM firs, solar. III alg. ur.beme cardso Marrs, Phym W shmk. o� rusk sal. scui d Gad, natwel dasafar, opanasr amor, rnglsct wtlm m of suppler w ab coma roc apprevW b wr" by Bm Company, w t e umu#K.t d spur of Products, by peneru who am rot aWlwlaad by the Cor pony, w the umhutin d lahmialLaBon of an Interface nation, or modMmdm of Product, mail be the customs , maspmala0ty. 1.3 Service does NOT btlu le: (a) sohwem. software resbradon, or spdwem training; (b) Irpss for daryage resulting hem a Product being rebasd by my party otter Mgr the Company; (c) repaln for damage mwmg from any spun of Customers obagsaom under the Product lease (Including, but net imded o, fWng to Iwo ay all Wines a pepMyansulied. Campanyapprowd surge perfectly mu chad b earh Product, (d) ramwl of Products harddnve at agreem" Mlrm; (a) degmiss or made, or replacement parts for failures caused by anew or daroyarty, hardware devioed, mid; (f) my su bmade equip m in white Pmdud Is being Smdow . AdddlorW Qurges for Incidental expenses ouch as terhniden parting of shipment of suppMed Wit apply and be bvo cod monthly. 1.4 Customer adlnomedgas Mal abwugh Mere may be a separate AnsanBm agmaranl for Products this Agreement Is only for the Service, Supplies, pen, and labor described homes end Is solely cehfeen Customer art me Company. 1.5 Before Service an be provided (anti Product saduded under the Agrsmarn). each Product may M subjat. at the Combi s sole dsrndan. b Inspection by it, Company. 1.6 Replaced oafs, nationals and Product aw ed under this Agreement am tumeshed on an exchange toss. COnVWW maerwa the right to replace a Product In s entimty d servlce damarW so dilute. Reple or an Pars, mabms end Product at B sob da¢ubn of Compary, Wg ba raw w reabshed, of a" or bust smllty. Upon excharge, replaced pens, matems and Product became the properly of Company. 1.7 The Carnsrty sell provide all necessary copier, porter, and facsimile pads for Products udw eaprssly say forth otherwise In this Agmeman. Customer agreed to the use of ronOEM pays and mI wipe awllsbb. Rqusmi for OEM supplbs Wen ron-0EM era evabbb wll routs In an npdherga to Cusbmay. 1.8 Unlms agreed upm s wimp, army and .11 Semis. performed Outside Ni m al Business Hours wit be billed an the Cortpariys prevailing aarawuts corm. Smdary. Barges for m Ysred emaces resiedbd by Customer shad be bided to Cusbner Al ths Cmrposys pncelleg tome-anl+nasms rates. 2.0 CUSTOMER RESPONSIBILITY 2.1 DURING, ANDCR AFTER THE TERM OF THIS AGREEMENT: (a) CUSTOMER IS SOLELY RESPONSIBLE FOR THE MAINTENANCE OF ITS OWN DATA, FOR ASSURING THE EXISTENCE OF A VIABLE BACK-UP OF ALL DATA, AND FOR RECONSTRUCTION OF LOST OR ALTERED FILES, DATA OR PROGRAMS, and, (b) CUSTOMER IS RESPONSIBLE (AND COMPANY ASSUMES NO LIABLITY) FOR THE SECURITY OF CUSTOMERS PROPRIETARY, CONFIDENTIAL, AND CLASSIFIED INFORMATION, INCLUDING WITHOUT LIMITATION. LATENT DOCUMENT AND IMAGE DATA STORED ON HARDDRNES. 2.2 Far Servo to M pedarmd. Customer shot seem adequate mmumabls are u the PrurMctt eats an the erpeced time of Seto. Shipments of Supplies Mal be lased W Cuelormh sully (60) day mad, as dajortnspd by Clssadner vo4n ayW manufayrteryblde. c s agnad fiat SupPIIm bmlmisd eider ems Agmaman wn be used oniy b e%Wbla, conbeaed Pmducs. 23 Customer Is rsponsible, at the opus; of the Company. for providing a dedicated electrlrel circuit W the Pmduca suitable to the Produda' proper operation. Fmum to use a dedialed electrical Proud, when so mwessd by Mal Company, shall void any product vramanty. 2.4 Customer Is reepongbte far the compatilti ty WM Products of Customer -Installed, eoupment not cowl by this Agreement Customer, upon rmm mfl by the Company for me purpose of pnovldsg Service. Is solely responsible for the dscommnAlon (and re -attachment) of equipment not covered by this Agreement hem (M) Produced. 1.5 Customer agreed to ale"nso and make available a key operator (fin Rey Cper i who Wit be maponelble for property operating Pmdu cis and fun" Ma m ono ulainds of me Key CAronmr as set fobs In Bp operator puke. Key Operetom shell be trained by ere Company. Customer Is responsible for providlrg prompt aces b Products and malnslning a Customer repreeenut vid plsent n at erns wdla Service Is beeg Performed. Failure b provide emgy access b ProdnBs may result In awllbnl Bargee. 2.6 Bud amounts under this Agreement am billed monmly; overages are billed quarterly. Customer agrees b the Installation an their network of an eMeted if application b be used far bm r the euadc colbcibn of Image mar em on each of Moir snag, devise. h is agreed Bert mogm, oee. by Company personnel sue necessary, for Customer training and the pmpa Service at equipment and am Included In Bg bteI major courts as Customer Image. Connects wrdch de not Indude m eMate" mpYatlon wit be subject b a rep heeler Cho 2.7 Customer egrse b pay for or revm nonUhageO Supplba realred under Mb Agreennatt In sloent (10%�of tla romnel Guppy usage aemamied With me agreed elm whine, measured amueN• for Product ��''77 2.8 WAC. Customer agree b pay Invobs when tin. InW ice tonnes am NET �bp tip evert s an thirty (30) delta peat due an my svolce(s), then Santa and Supplies may bs suspended until such time s at past ds buancs area current Imokm am PoW. In did event Mat C mar d ldelnq nt on arty payments. all warps for Services and Suppose provided by fie Company B my (d-mg Mal paled wsedrg dine deliigrency) sag bs aubmatksty adjusted b that Company. a wHillwvalhg, nor-ca ch service end supply msacustomer agrees In pay at collection fats, sbell yi fees, am court ousts, permitted by Law. Incurred by Camp" In mama g Me be of fob Section 2.8. 2.9 Customer, apes that Me Company may Ina a Me MONTHLY BASE, IMAGE RATE, sndbr QUARTERLY PER COPY OVERAGE CHARGE as agreed b by this Pecos and tot form an Se Cow, Page of We Agreement once earn your wri this Agreement iB In effect by m anioant rot b exceed lfben percent (15%) of the MONTHLY BASE, IMAGE RATE, odor QUARTERLY PER COPY OVERAGE CHARGE In affect m Me and of the prior Mean, or tip madmum percentage w erisd by law, whdrewr Is lows. 2.10 Cl f agrees W notify Me Company by eMell, as won s Is memorably posabse, Of any Product which should be debied from Agreement andfor, at any neWaddMoral equipment pleod in service by tib Carbmor is Is capable of wig Comport provided Suppose under rob Agreement. As, new devices am discovered an Customers oweem, by ame a ng May Wit as auderratiotly Included under this Agreement. Company macaws the right b review MONrKY BASE and IMAGE RATE, however, a well as Customers due. should Product or volumes incase mom hem 25% over odgswy conbaded Product or volumes. 3.0 WARRANTIES Mtn LIMITATION OF LIARIL ITY 3.1 THE COMPANY WARRANTS THAT ALL SERVICES ALI BE FREE FROM DEFECTS IN WORKMANSHIP AT THE TIME OF PERFORMANCE. THE COMPANY SPECIFIOALLY DISCLAIMS ALL OTHER WARRANTIES OF ANY NATURE OR SOURCE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 32 THE COMPANY'S TOTAL LIABILITY TO CUSTOMER OR ANY OTHER PARTY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE WHETHER SOLE OR CONCURRENT) OR OTHERWISE. ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE FURNISHING OR FAILURE TO FURNISH ANY SERVICES OR SUPPLIES HEREUNDER SHALL NOT EXCEED THE COST PAID BY THE CUSTOMER FOR THE SERVICES OR SUPPLIES WHICH GIVES RISE TO THE CLAIM. THE REMEDIES SET FORTH IN THIS SECTION 3 SHALL BE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY. 3.3 IN NO EVENT SHALL COMPANY BE LIABLE FOR INCIDENTAL CONSEQUENTIAL, OR SPECIAL DAMAGES INCURRED BY CUSTOMER OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, LASS OF ANTICIPATED PROFITS. COSTS OF DOWNTIME, OR FOR SUBSTITUTE EQUIPMENT, AND ANY CLAIMS OF CUSTOMERS CLIENTELE FOR SERVICE INTERRUPnI, UNAUTHH ORRED ACCESS TO LATENT IMAGE DATA OR FAILURE OF SUPPLY. THIS EXCLUSION SHALL APPLY EVEN IF CUSTOMER'S SOLE AND EXCLUSIVE REMEDY HEREUNDER FAILS FOR ANY REASON. 3.4 NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF THE COMPANY RENDERING TECHNICAL OR OTHER ADVICE IN CONJUNCTION WITH SERVICES PROVIDED. 4.0 INDEMNIFICATION. With tie exception of negligence or nation directly otbfaulebie b Company, (0) Customer Is reasonable for any leuss, damages, bananas. dame, yes, and actions (wMceaNy Clem al whaMa baud on a theory A conbaG tot strict Rai or oBarwlse arced by or esstea to or In any manner melng out of fa use, Owsmhip, posesion. or finding or Mlmdng, of Ile s apmem (Ircluding but not Ymaed w ma negligence A Customer. Customers employees or agms, or any tam party), and (b) Customer Is responsible for my and at coat and aminreys fees In¢sred by der Company mleting b a" such cosy. Customer egnm to mMeuns and, 8 ngwsbtd, to delaM Me Cortpmy a Cusomara oven wet coo expans, egelnn any ClAlnn. Customers oblgatims under thle Section 4.0 sail survive metlmwn of this Agmemem 5.0 COMPANY EMPL OYEFc_, Customer uruentens earl all employees who participate In the provi al Service me employed b Cam pbye y the potty and represent a aubebntlel InvsMpnt m Company. Customer, an behdf of nee era as Cuaomm, employee almllatym ent wmh agues Dung Bp term of Mb Apreemanl am for nlmy (90) days Vmaraa%er rat to coma¢ a wllm any empbyed W Me Company car the Oupeae c auWg, ruNtlng, or encouraging my such employee m termsa tge mpbymthe Comony. 6.0 TERM 6.1 The iron of Mai Agmgnere Is set fart en der cow, Page of Bds Agmmrwm. 6.2 THIS AGREEMENT IS NON -CANCELABLE At Me an of Tom, bvs Agreement eat be auMmaealy renamed for successhe ore yea trams subject b §2.9 above, Allen enter notice of rori-rarpwal b mamwo not toss pin norty (90) days prim b Me and of Bra current torn. 6.3 The Customers map iNldy W pay my ammo or around clangs. At the firm of analaeon or norrvaneael sal survive bxmbelbn Of Me Agmmprd. 7.0 CONFIDENTALfN. Customer, Ito affiliates. and Mar respache smPbYas, agree to mammon as wrfind ntlal all of Comal wtlten, PmpMted ardor abcbnnk documents and materials (Inlomarsnn which am disclosed b Customer. All docu nus shall bs cambered conflsntal ewe B not ao msall Customer say ref, dkaty or Indirectly. disclose arty such Information to any Mind party Wow Companys prior wm on mment The dissemination at information by Customer mall be within s oven organization and shell be limited to Bose empbyeed of Cmbmer will dabs justify aye need b IOiow, wdh Irdomiawn. Any beech of this mnfldentlelhy, provision WI be mnedered Bsfl of COnpany's bade asaua. 8.0 GENERAL 8.1 This Agreement mnuilna the entire agreement between Customer and the Company with respect to the subject matter hereof The Invalidity In whole or In pert of any provision of Ws Agreement shell not affect the wlldlby, of any other provisions. Any representations, Inducements, promises, negotiations or otherwise, rat contained herein, shall rat be of my force or effect unless etba h d, in wiling, to this document end signed by bon Iambs. 112 Tha hsdngs washed made Agmemem aye for pup of mfmahm ontyand Mel rat ltmh or defln me mening of any provision of Me Agreement. 8.3 This Agreement Is not banlemble or assignable by me Customer without the past wisdom comae of ma Company. 8.4 The Compery aMII rot be det mnhpd W ce In default of any pavalon l In or be liable for any delay, Flue In peMmrana or Mjomuptlon of Salvo Or Supplies mounting from acts of God. civil w military olsobopow, Mks, embargoes bmspomeon delays, inmYlty, M obtain mashes from suppliers. product de8ciends or any other sustain beyond tip mmonslo control of Ma Company. 0.5 The pemee sag adampt In good fast to nauMe any controversy, cam or dispute, Of whatever nature arming between the psmes, by medlawn pureustt b Gomhmrrlel Medewn Rulm below re di b arbitration, lbgawn or my other faeces resolution mocedum. 8S The mlatlon6Np of Me Panes established under cos Agmem ent Is Mat of Independent contractor and neither i my Is a peruser, employee, an agent. or Jon enter of or With Me omer. 8.7 The wolvaer of any breech of any of Me terra and conditions set fobs herein shall not s construed as a waiver of any other brae ch. The failure Of anther Parry b surds my right arming from my default of tip offer pary, hereunder sal rat be deemed to be a mmo rof such rgM. 8.8 The saw of the Suite of Colorado shall govern tha validity, perfume nao, and all metiers mlatl ng to the In Lora to lotion end effect of In agremal and my omornm ent hereof. Notice amp bs provided to L. A Associates, Inc. POI 228111 Deriver. Colorado 81= 8.9 Sectional 2.1. 3.0, 4.0. SD and 7.0 shot whew Lamllnsmn of this Agreement. ,// CUSTOMER SIGNATURE '1�y DATE 9EV 1CT1C11 Uwan .',,. A Xerox Company k Statement of Work Digital Site Survey Customer Profile: Company City of Fort Collins- Traffic Address 626 Linden St Key Contact Sandy Aragon Network Admin On Site [Consultant Cell Phone Current Connected Devi Date 12 22 2011 Sales Rep Scot Ruch Phone 970 2216630 City Fort Collins StateCO ZipB0526} Phone 970 2216630 Ext. Phone Ext New equipment Refurbished Sharp 277 Remote Network Installation Information IPADDRESS SUBNET GATEWAY Number of Desktops to Install Drivers on Live Network drops to each device Patch Cable from wall jack to device Dedicated power (If Applicable) Customer Responsibilities Static IP Address for each Device USB Cable (If Applicable) Parallel Cable (If Applicable) Fax line (If Applicable) Create Novell/AS400/UN IX Queues Special Instructions Lewan & Aaooates Page 1 of 2 Ver. 2.7 Installation Approval I AGREE TO HAVE LEWAN & ASSOCIATES INSTALLTHE REQUESTED MULTI -FUNCTION PRINTER BASED ON THE INFORMATION I HAVE PROVIDED HEREIN. I UNDERSTAND THAT I AM RESPONSIBLE FOR CREATING, VERIFYING AND MAINTAINING BACK-UP COPIES OF ALL MY DATA AND WILL DO 50 BEFORE INSTALLATION 15 INITIATED BY LEWAN & ASSOCIATES. I WILL NOT HOLD LEWAN & ASSOCIATES LIABLE IN THE EVENT OF THE ACCIDENTAL LOSS OF DATA, PRODUCTIVITY OR COSTOF RECONS-TRUCTION SHOULD SUCH A LOSS OCCUR DURING THE COMPLETION OF THIS INSTALLATION. Customer Signature Date Please Review & Complete: Upon completion return via email or Fax at network.ima¢ineCclewan.com or 303-758-6731 attention Network Imaging. You may also reach the Network Dispatch Team at 303-968-2526 to schedule your integration. Installation Completion I AGREE THE PRINTING SYSTEM INSTALLED BY LEWAN & ASSOCIATES PERFORMS TO MY SATISFACTION. I UNDERSTAND THAT CHANGES OR ADDITIONS MADE BEYOND THE SOFTWARE AND HARDWARE CONFIGURATION CURRENTLY USED MAY REQUIRE ADDITIONAL SUPPORT NOT COVERED UNDER THE TERMS OF THIS INSTALLATION AND WILL BE INVOICED AT PREVAILING SERVICE RATES. Customer Signature Date InstallingAnalYst Date Lewan Network Printing Support Lewan will provide no charge network printing support for 30 days after the date of installation on printing issues related to the Lewan MFP. Network Printing Support after the 30 day installation period will be billed at current Lewan rates. Lewan Network printing programs are available to provide network printing solutions after the MFP Installation. I Decline Post Installation Network Printing Support Initial I Decline Installation of Automatic Meter Software Initial A small program will be loaded on 1 workstation to collect meter readings from your networked copiers and be sent to Lewan's billing department each month. Lewan & Associates provides a warranty of good workmanship with regard to all services rendered under this agreement. This warranty shall be the only warranty mode by Lewan & Associates. Lewan & Associates shall not be liable for any indirect, special, or consequential damages arising out of this agreement. Lewan Internal Use r Cop -Install F- Cop-Install/P n Cop -Basic F Cop-Install/5 r Cop-PS/1 F- Cop-Install/10 F Cop-PS/4 n Cop-Install/25 F Cop-PS/8 Lewan & Associates Page 2 of 2 Ver. 2.7 Lewan BC ••! O C I n T E D City of Fort Collins- Traffic Department Proposed Solution: Refurbished Sharp ARM-277 ✓ 27 pages per minute black and white ✓ 2 x 500 paper drawers ✓ 100 sheet bypass tray ✓ Network Print Controller -new ✓ Max size originals 11 x 17 ✓ 100 sheet duplex single document feeder ✓ Electronic sorting ✓ Stand Lease Options Purchase Option $61.00 per month for 36 Months $1,600.00 Service and Supply: $10.00 per month Includes 500 black and white images and overages at $.02 Includes all equipment, parts, labor, preventative maintenance, key operator training, networking, loaner protection and consumables. All applicable taxes, staples and paper will be the responsibility of the customer. All financial information contained in this proposal includes shipping, delivery, network installation, initial supplies order, full training, and quarterly account reviews. Confidential