Loading...
HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9120088PURCHASE ORDER PO Number Page City of 9120088 1 of 3 `t his number must appear Collins1 1 on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 109184 LEWAN & ASSOCIATES 1608 S COLLEGE AVE FORT COLLINS Colorado 80525-1007 Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/06/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Copier/Facilities Portion 1 LOT LS 1,800.00 Blanket order to cost of supplies/maintenance through March 2013. Copier: Sharp MX3501 Color Imager, Ser #65057732 Location: Operation Services, 300 LaPorte Avenue, East Bldg. Base Charge: $137/mo Includes 10,000 B/W prints per month @ $0.0137 each All additional B/W prints @ $0.0137 each. All color prints at $0.10 each of the estimated total cost for services and the pricing for 2012 is the same as the quote dated March 2, 2006. Vendor to invoice monthlv. 2 Copier/FleetAdmin Portion 1 LOT LS 1,800.00 Blanket order to cost of supplies/maintenance through March 2013. Copier: Sharp MX3501 Color Imager, Ser #65057732 Location: Operation Services, 300 LaPorte Avenue, East Bldg. Base Charge: $137/mo Includes 10,000 B/W prints per month @ $0.0137 each All additional B/W prints @ $0.0137 each. All color prints at $0.10 each of the estimated total cost for services and the pricing for 2012 is the same as the quote dated March 2, 2006. Vendor to invoice monthly. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 Total $3.600.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page Clty. Of 9120088 2 of 3 Collins of` Ins This number must appear Fort !�,J`' ` v on all invoices, packing slips and labels. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fGgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tux cumptions. fly statute the City of For, Collins is exempt tram rune and local luxes. Our Exemption Nullifier is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cia ideate of Registry 84-6000587 is registered with file Collector of Failure of the Purchaser to insist upon strict performance of the tents and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Rae Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or paynent for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected GOODS REJECTED due to failure to tell specifications, either when shipped or due to defects of any of the wam dies or obligations a$ this purchase order and shall not be deemed a waiver of any right of the damage in transit may be returned to you for credit and are not to be replaced except upon receipt of written purchaser n) insist upon strict performance hcrmf or any of its rights or rahedics as to any such 'nods, rcgurdlcw instructions from the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purport d and modiliction or rescission of this purchase oucr by the Purchaser operate as a waiver of any of the terns Inspection. GOODS are subject to the City of Fall Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order cull result in 12. ASSIGNMENTOF ANT I' TRUST CLAIMS. authorized payment on the pun of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is d pendent upon completion of all appl icablc required ito, Nclion pmcedame . violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tents. Shipnncats most be F.O.B., City of Fort Collins, 700 Wood St, Too Collins, CU 80522. unless acquired under federal or state minimal laws for such m'crcthen c, relating to the particular goods or services otherwise specified an this order. If permission is given to pmpay freight and charge wparlcly, the original freight purchased or acquired by the Purchaser pursuant to this purchase otdcr. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. When manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nunconfunning or detective goods by a date to be agreed upon by the expected tram the nearest distribution point to destitution, and excess freight will be deducted fmm Invoice when Purchaser and the Scllcr, and the Seller thereafter indicate, its inability or mmwill ingress to comply, the Purchaser shipments are made from greater distance. may cause the work to be Perna rnled by the nnost expeditious cocas available to it and the Seller shall pay all costs osucimed with such work. Permis. Seller shall procure at sellers sole cast all necessary permits, certificates and licoses required by all applicable laws, regulations, ordinances and roles 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 vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an aswi d or established violation of any such lows, regulations, ordinances, rods and requirements. Authorisation. All parties to this contract agree that the representatives are, in far, bona fide and possess lull and complete authonry to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions slated herein set forth and any supplementary or additional terms and conditions annexed hereto tar incorpur fed herein by reference. Any additional or different tems and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna make complete shipment to arrive on your pmmisd delivery date as noted. Time is of the csence. Delivery and performance must be effected within the lime stated 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 of this plus isiun. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elwwhere and holding the Seller liable for damages. However, the Seller shall not w liable fro damages as a ,.It of delays due to causes not muwtubly farewel le which an beyond its reasonable control and without its fault of'aq; igcnec, such acts of God, acts of civil or military authorities, governmental priontis, Gres, strikes, flood, epidemics, wan or nos provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the time when the Seller fist received knowledge thereof: In the event of any well delay, the data of dal ivory shall be extended for the period equal to the time actually lust by reason of the delay. 3. WARRANTY. The Seller wanuns that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andor other descriptions given, will be lit for the purposes intended, and perfumed with the highest degree of can and connprenee in accordance with accepted standards fur work of a similar Our The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller Shull replace, repair or make good, without cast to the purchaser, any defect, or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the data of acceptance of the goods furnished hereunder (aeocplunce nut to be unreasonably delayed), resulting lions impeded or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wamanty. 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 wvttnlics or guaranies, 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 Pumhawr may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, other than legal toms, including additions to or deletions final the quantities originally onlered in the specifications or drawings, by verbal or written change order. If any such change affect, the ...omit due or the time ofperlonnance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change oust, terminate this agrccmcin as to any or all portions of the goods then not shipped, subject tr uny equitable adjustment between the penis as to any work or materials then in progress provided that the Purchaer shall not be liable for any claims for unticipated profits on the unemupleted portion of the goods and/or work, for incidental or consryuemial danmgcs, and that nu aclh adjustment be mode in favor of the Seller with mxpccl to any goods which are the Sellers standard stock. No such tenninmiun shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days front the date the change or tcmuinution is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulaions 10 which the goods arc wbjaet. 'I lie Seller shall cxecutc and deliver such documents as may be required to effect orevidence compliance. All laws unit regulations required to be incorporated in agreements of this clamcer arc hereby incorporated herein by this reference. The Seller ugmes to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of floe other party. 10. TITLE. The Seller warrants hull, clear and unrestricted tide to the Purchaser for all equipment, materials, and items furnished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security intent encumbrncs and chains of others. The Seller shall nheuse die Purchawr and its surmounts of any tier fmm all liability and claims of any nature resulting lien the performance of such work. 'This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, otTccs and ennployccs ofsuch party. 'File Seller's contractual obligations, including warranty, shall not be declared to be rcducd, in any way, because such work is Performed or caused to be pertormd by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, dcv ice, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save marl the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser lot any cost, expense or damage which it may be obliged to pay by reason of such in fringcmcnt at any time during the pmsccution or alter the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and 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 the right to continue using said equipment or pans, replace the sane with substantially equal but noninfiinging equipment, or modify it sa it becomes noninfiinging. 15. INSOLVENCY. If the Seller shall biome insolvent or bankrupt, make an assignment for the benefit of Creditors, appoint a receiver or trustee for uny of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. '[he de inilione oftemu used or the interpnlution ofthc agreement and the rights ofall panic hereunder shall be construct under and governed by the laws ofthe State of Culordo, USA. 'Ihe following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represcmutive(s), on the premiss of others. 17. SELLERS RESPONSIBILITY. 1'hc Seller shall curry tan said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, connplrs the work at Scllcr's on expense and to the satisfaction of the Purchaser. When materials and equipment are ba ished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle some at the site and b tome responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IA INSURANCE. 'file Seller shall, at his own expense, provide for the payment of worker, compensation, including occupational disease benclits, to its employes employed oil or in connection with the work covered by this purchase order, and/tar to their dependents in accordance with the Laws of the state in which the work is to be done. The Seller shall also carry etnprchensive general liability including, but not limited to, contractual and automobile public liability immunce with bodily injury and death limits of al (cast S300.000 fur any one person, S500,000 for any one accident and property damage limit per accident or $400,000. The Seller shall likewise squire his contractors, if any, to provide for such compensation and insurmc. Before any of the Sellers or his contractors employees shut) do any work upon the premises of others, the Seller shall furnish the Purchuscr with a ecrtiffcate that such compensation and insurance have twen provided Such certificates shall specify the date when such compensation and insurance have been provided. Such cenificats shall specify the date when such compensation and insurance cspires. T'he Seller agrees that such compensation and insurance shall b<• maintained until after the entire vork is completed and accepted. 19. PROTEC1 ION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby unsunrs the entire responsibility and liability for any and all damage, lass or injury of any kind tar nature whatsoever to persons or property caused by or resulting front the execution of the work provided for in this purchase oucr or in connection hscwith. file Scller will indemnity and hold names, the Pumbawr and any or all of the I'mclmwrs officers, agents and employees from and against any and all claims, losses, dmnwges, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any at the Sellers or contractors officers, agents or employees. In case any suit or other pm"Whigs shill be brought against the Purchaser, or its oflicots, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of Ihe Seller orally of his contractors or any of its or their officers, agents or employees as ul'mssid, the Seller hereby agrees to assume the defense thereof and to defend file lute at the Sellers .,all expense, to pay any and all costs, charges, attorneys Ices and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of is or their olliecrs, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the propcny oflhc Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause file wine to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all solely prccuulium. furnish and install all guards necessary for the prevonlion of accident,, couply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Reviwd 03/20IU