HomeMy WebLinkAbout111346 IKON OFFICE SOLUTIONS - PURCHASE ORDER - 9120879City of
�.,Fo�rt Collins
Date: 02110/2012
Vendor: 111346
IKON OFFICE SOLUTIONS
P.O. BOX 9115
MACON Georgia 31208-9115
PURCHASE ORDER
PO -Number Page
9120879 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: ACCOUNTING DIVISION
CITY OF FORT COLLINS
215 N MASON, 2ND FLOOR
FORT COLLINS Colorado 80
Delivery Date: 02/09/2012 Z Buyer: DAVID CAREY
Note:
Line Description Quantity / UOM Unit Price Extended
Ordered' Price
COPIER LEASE PAYMENTS 1.06T LS 1,386.36
FOR 2012 /
for Ricoh MP 3350SP Multifunctional Copier, Serial #: C1'1050416
IKON ID#: 11861472
Location: Budget Office @ 215 N. Mason, 2nd Floor; Fort Collins, CO 80524
Lease Term: Sixty (60) Months.
Base Payment: $115.53 per month.
Includes: -0- B&W Copies per month.
i
2 ESTIMATED COPY COSTS 1 LOT
MAINTENANCE AGREEMENT
for above Ricoh copier:/
All B&W Copies @ $0:00851 each.
Estimated annual volume: 12,000
To be billed quarterly.
Reference IKON Contract # 2458321
Cam, C3. Oi1a.�aQ �
C/
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
EA
Total
Invoice Address:
110.00
$1,496.36
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax cxemptime. By smmte the City of Tom Collins is exempt firm state and local taxes. Our Exemption Number is 11. NONWAI VER.
98-0,1502. 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 terms and conditions hereof, feilurc or delay to
Interest Revenue. Denver, Colorado (Ref. Colorado Revised Stamtcs 1971 Chapter 39-26, 114 id. cxcreisc any rights or remedies pmvidcd herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for good hereunder or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warsntics or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in tourism. may be retuned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance herenfor aqv of its rights or remedies as to any such goods. regardless
instructions from the Ciw.f Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, not 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 an subject to the City of Fen Collins inspection on arrival. hereof.
Final Acceptance. Receipt of the merchandise. services or equipment in response to this ruder can result in 12. ASSIGNMENT OF ANTITRUST CLAI MS.
authorized payment on the pan of the City of Fort Collins. However, it is to he understood that FINAL Scllcr and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection pnocedoms. violations are in fact home 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 hams. or herca0cr
Freight Terms. Shipments most be F.O.B., City of Fon Collins, 700 Wood St., Fort Collins, CO 96522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goads 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 thcmaflcr indicates its inability or unwillingness to comply, the Purchaser
shipments arc made from greater distance. may cause the work to be performed by the most expeditions means available to it and the Seller shall pav all
costa associated with such work.
Permits. Seller shall procure at .sellers sole cost all necessary Famous, certificates and licenses required by all
applicable laws, regulations. ordinances and rules of the slate, municipality, territory or political sabdivision where
the work is performed, or required by any other duty 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
inured by them by reason of an asserted or established violation of any such laws, regulations, ordinances. rules
and rcquiremcmt .
Authorization. All parties to this contract agree that the representatives are, in fact, bonn ride and passess fall and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order empressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated hercin by
reference. Any additional or different terms and conditions proposed by seller arc objected m and hcrchy releemd.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and paformanec 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 ofp ur ial late deliveries, shall operate as a waiver ofthis provision. In the event crony delay,
the Purchaser shall have, in addition to other legal and equitable remedies the option ofpincing this order elsewhere
and holding the Seller liable for damages Howcvc4 the Seller shall not be liable for damages as a result of delays
due to causes net reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence.
such acts of Gnd, acts ofeivil or military authorities, governmental priorities, fires, strikes, flood, epidemics. wars or
rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller fist received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason offl a delay.
3. WARRANTY,
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings. specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for wark of a
similar nature 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 Scllcrs breach of wamnty. The Seller shrill replace, repair or snake
good. without cost to the purchaser, any defects or faults arising within one (1) year or within such longer peind of
time as may he prescribed by law or by the terms of any applicable wamnty pmvidcd by the Seller after the date of
acceptance of the goods furnished hereunder (acceptance not m he unrensonahly delaye(l), resulting fmm imperfect
or defective work done or materials furnished by the Seller. Acceptance or us of goads by the Purchaser shall not
constitute a waiver ofany claim under this wamnty. Except as mthervise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages pmsimmcly couaed by the breach of any of the foregoing mammies
or guarantees, but such liability shall in no event include Inns of profits or Jos 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 tams by written change order.
5. CHANCES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal toms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time ofperformance hereunder, an egniable adjustment shall he made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
gads then not shipped subject to any equitable adjustment between the panics as many work or materials then in
progresa provided that the Purchaser shall net be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in
favor of the Seller with respect to any goods which arc the Scllcrs standard stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any good delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assured within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all gooks sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this chancier arc hereby incorporated herein by this reference The Seller agrees to
indemnify and hold the Purchaser harmless Farm all costs and damages suffered by the Purchaser as a result critic
Scllcrs failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall align, traufcr, or convey this order, or any tactics due or to become dare hereunder without the
prior written consent of the other parry.
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 liens, restrierions, reservations, security interest
encumbrances and claims cf others.
The Seller shall release the Purchaser and its contmeoors of any tier from all liability and claims of any nature
resulting firm the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend In the
directors, oMcers and employees of such party.
The Seller's contmemal obligations, including wamnty, shall not be deemed to be reduced. in any way, because
such work is perfumed or caused to be performrmed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device. material or Pmces Covered by letter, potent, tmdcmark
or copyright, the Seller shall indemnify and save harmless the Purchaser firm 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 for any cast, expense or damage which it may be obliged to pay by mason ofsuch
infringement at any time during the prosecution or after the completion of the work. In ease said equipment. ar
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
Pnrchamr the right to continue using said equipment or pans. replace the same with substantially equal but
mainfringing equipment, or modify it so it becomes noninfringing.
I S. INSOLVENCY.
If the Seller shall become insolvent or hankmpt make an assignment for the benefit of creditors. appoint a
receiver or tote, for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation of the agreement and the rights efull panics her ender shall be
constmed 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 scniecs of Scllcrs Represc rta ive(s), on the promises of others.
17, SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's 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, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When nmterials
and ecaipntcm arc furnished by others for installation or crevlion by the Seller. the Seller shut) receive, nnlead.
store and handle same nt the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
18, INSURANCE.
The Seller shall, at his own expense. provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work eovcrM by this purchase order.
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to. contractual and automobile public
liability insurance with bodily injury and death limits of at (cast S300,000 for any one person. S500.000 for any
one accident and property damage limit per accident of S400,IX10. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do env work upon the pomises nrushers, the Seller shall furnish the Purchaser with a ecnificme
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
sad ins comes, expires. The Scller.grces that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby usum<s the entire responsibility and liability rim any and all damage. loss or injury ofany kind
or mature whmscevcr to per. ns or propcm caused by or resulting form the execution of the work pmvidcd for in
this purchase order or in connection herewith. The Sellerwill indemnify and hold hermlcs the Purchaser and any
or all of the Purchasers officers, agents and employees fmm and against any and all claims losses, damages.
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 off"
contactors. or any of the Sellers or contractors officers, agents or employees In case any .suit or other
Proceedings shall be brought against the Purchaser. or its officers, agents or employees al any time on account or
by reason arrow act, action, neglect. omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and in
defend Poe same at the Scllcrs own expense. to pay any and all costs, charges, anomeys fees and other expenses.
any and all judgments that may be inenmd by or obtained against the Pamhascr or any of its or their nRccrs.
agents 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 said parties in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contactors shall take all safety precautions. furnish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safely including. but without limitation, the
Occupational Safetyand Health Act of 1970 and all mles and regulations issued pursuant thereon.
Revised 03/2010