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HomeMy WebLinkAbout111346 IKON OFFICE SOLUTIONS - PURCHASE ORDER - 9120879 (2)PO PURCHASE ORDER 912087er Page Cityofs�zos7s 1of2 ' `t CollinsCFhi:number must appear 1'J ll invoices, packing s and labels. Date: 02/2812012 Vendor: 111346 Ship To: ACCOUNTING DIVISION IKON OFFICE SOLUTIONS CITY OF FORT COLLINS P.O. BOX 9115 215 N MASON, 2ND FLOOR MACON Georgia 31208-9115 FORT COLLINS Colorado 80524-4 Delivery Date: 02/09/2012 Buyer: DAVID CAREY Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 COPIER LEASE PAYMENTS 1 LOT LS 1,386.36 FOR 2012 for Ricoh MP 3350SP Multifunctional Copier, Serial #: C11050416 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. 2 ESTIMATED COPY COSTS 1 LOT EA 110.00 MAINTENANCE AGREEMENT for above Ricoh copier. All B&W Copies @ $0.009786 each. Estimated annual volume: 12,000 To be billed quarterly. Reference IKON Contract # 2458321 Includes Labor, Parts, Toner and Staples. 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 $1.496.36 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax excnmptions. By s6 mute the Citv of Pon Collins is exempt fmm state and local taxes. Our Exemption Number is 98-N502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statuses 1973. Chapter ?n 26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet .specification, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written insmctinn from the City Of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist open strict peT ommznec of the terms and conditions hacnf failure or delay to exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event Of. breach, the acceptance nfor payment for goods hereunder or approval ofthe design, shall not no the Scllcr of any of the wmmnotes or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hercnforany of its rights or rcmcdics as to any such goods, mgarddcss ti when shipped, received nor accepted, a, to any prior or subsequent default hereunder, not shall any purtnncd oral modification or rescission of this purchase order by the Purchaser operate as a waiver Many of the terms hereof. Final Acceptance. Receipt of the merchandise. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAI NIS. authorized payment on the pan of the City of Fort Collins. Ilmever, it is to he mulcrstood that FINAL Seller and the Purchaser recognize that in achal economic practice, overcharges resulting from maltrnt ACCEPTANCE is dependent upon completion ofall applicable required inspcelion poectbvcs, violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Pnrchascr any and all claims it rev nmy have or hereafter Freight Terms. Shipments must be F.O.N., City of Fort Collins 7M Wool St.. Fort Collins, CO 90522, unless acquircal under federal or state antimol laws for such overcharges refining to the particular ponds Or Services otherwise specified on this order. If permission is given to prepay freight and charge sepnmtely, the original freight purcha,cd or acquired by the Pnrchascr pursuant to this purchase order. bill must accompany ineniee. Additional charges for packing will not be Ececptal. 13. PURCHASERS PERFOR MANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacmnrs have distributing points in various pans of the country, shipment is If the Purchaser directs (lie Seiler to correct nonconforming or defective goods by a date to he agreed upon by the expected front the nearest distribution point to destination. and excess freight will be demucled front Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or ono ilhngnns to comply, the Purchnscr shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means available 10 11, and the Scllcr shill pay OR costs associated with such work. Permits. Seiler shill proeum at sellers safe cost all necessary remains. ecnifieatcs and licenses required by all applicable laws, regulations, ordinances and mles of the state, municipality. tcrritnry or political sulxlivision where the work is performed. or required by any other dufv constituted public authority havingjurisdielion over the work of anlm. Seller Gusher ages, to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of as nssened ar established violation crony such boos, regulations onfin irces, miles and nequircmcros, Authorization. All panics to this ennmd agree that the representatives arc, in fact, bow fide and possess full and complete authodry in bind said panics. LIMITATION OF TERMS. This Purchase Order capressly limits acceptance to the term, End conditions staled herein set forth and any supplementary or additional mmvs and conditions annexed herein or incorporated herein by reference Any additional or di fferent teens and conditions pmpesed by setter are objected final herehy 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 he effected within the time ,mtcd on the purchase ender and the documents attached hereto. No acts of the Purchasers including, without limitation, noceplance of parlial late deliveries, shall operate as a waiver of this provision. In the event ofanv delay, the Purchnscr shall have, in addition to other legal and equitable remedies, the option of pineing this order dscwIo,m and holding the Seller liable for damages However. the Seller shall not be liable for damages as a result of delays due to sauces not reasonably foreseeable which an beyond its reasonable control and without its fault ofacgligcace, such acts Of Gnd, ads of civil nr military authorities governmental prinni ics, fires, strikes Rood, cpidcmicx, wars or riots provided that notice of the conditions auto such delay is given to the Purchaser within five (5) days of the time when the Seger first 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 of the delay. a. WARRANTY. The Seller wanonts, that all goods, articles, materials and work covered by this enter will conform with applicable drnvings, .specifications. Samples indoor other decription, given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of o 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 Sellers breach of oamnty. The Scllcr shall replace. repair or make good, without Cost to the purchaser, env defects or tufts arising within one (1) year or within such longer period of time as may be pre.ribed by lay or by the terms nfany applicable wmmnty pmvidcd by the Seller after the date of acceptance of do goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver crony claim under this wamnty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder Shall extend to all damages pmximatedv caused by the breach of any of the foregoing wamnties or guarantees. but such liability shall in no event include loss of profits or loss of use. NO INI PLI ED WARRANTY OR MERCI IANTA131LITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchncr cony make changes to legal terms by written change order. S. CHANGES IN COMNIERCIA 1. TERMS, The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions Front the quantities originally ordered in the specifications or dra" ings. by verbal or written change order. If any such change affects the amount due or the time Ofpafomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, tcrinnate this agreement as to any or all portions of the good, then rem shipped, subject to any equitable adjustment betwccn the panics a, to any work Or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated limits on the uncompleted portion of the grads and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any Sm3 which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller to of their obligations as to any goods delivered heremda. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asocncd within thim (30) days from the date the change or termination is Ordered. S. COMPLIANCE WITH LAW. The Seller wamats that all goods sold hacanda shall hive 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 rcquircd to effect or evidence compliance. All laws and regulations required to be incorporated in agreements d this character are hereby incorporated herein by this reference. 'I'he Seller agrees to indemnify and hold the Pnrchascr harmless from all costs and damages suffered by the Purchaser IS a result of fhc Seller, failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order. or any monies due or to become de hereunder without the prior written consent of the offer piny. 10. TITLE. The Seller,vmmnts full, clear and unrestricted tide to the Purchaser for all Nuipmenl. materials, and items furnished in performance of this agreement free and clear Of any and all liens, restrictions. resercalions, security interest cncnmhmnccs and claims ofothcrs. The Seller shall release the Pnrchascr and its contractors of any tier from all liability and claims of any nature resulting From the pafnmerec ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, ogee¢ and employees of such pan,. The Scllcrs contmcnml obligations, including mammy, shall not be dccmcd to he reduced, in any way, because such work is performed or caused to be perfomed by the Pnnrchascr. 14. PATENTS. Whenever the Scllcr is rcquircd to use any design, device. material nr processcovered by Amer, picot, tmdcmork or copyright. the Scllcr shall indemnify and save hamlcss the Purchaser fmm any and all claims far infringcntcat by reason of the use of such patented design, device, material or process in connection with the contract, and ,hall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infdngement at any time during the prosecution or after the completion of the work. In ease slid cgnipntcnt or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pen 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 pails. replace the same with Substantially equal but nnniMringing equipment, or nmdify it so it becomes nnninfringing. 15, INSOLVENCY. If the Seller shall become insolvent or hankmpt, make an assignment for the hereit of creditors, appoint a receiver or Imatce for any of the Sellers property or business, this order may forthwith he cnncdcd by the Purchnscr without linbility. 16. GOVERNING LAW. The definitions of tcrnrs used nr the interprctatinn ofthc agreement and the rights ofnll panics hereunder shall be construed undon and governed by the laws oflhc State of Colomdo. USA. The following Additional Conditions apply mile in eases where the Seller is o perfnm work beonmda, including the sen'ices of Scllcrs Rcprescntative(s), on the piemims ofothcrs. 17, SELLERS RESPONSIBILITY. The Seiler shall carry on Said work at Seller" own risk until the Same is fully cnnmplded and ncceptcd, and shall. in ease of any accideni, destruction or injury to the work and/or materials before Settees final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Pnchascr. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall recciwc, unload. ,ton and handle same of the site and become responsible therefor as though Such materials and/or equipment were being furnished by the Seller tinder the order. IS INSURANCE. The Seller shall, at his corn expense provide for the payment of,vorkers compensation, including ocnmmional disease hencfits. to its enrployecs employed on or in connection ,with the week covered by this purchase order. and/or to their dependents in accordance ,with the laws of the state in which the work is to be deem. The Seller shall also ,any comprehensive general liability including, but not limited to, emotional End mnomnbilc pahlie liability in.atrane with bodily injury and death limits of at least S300,000 for any one Person, $500.006 for any one accident and pmperty damage limit per occident of S400,000. The Seller shall likewise require his cnnuactors, if any, to provide for such compensation and insunam. Before any of the Scllcrs or his contractors employees shall dorms, work upon due premises ofothcrs the Seller shall furnish the purchaser with a certificate that such compcn.tinn and insurance have been Provided. Such certificates shall specify the date when such compensation and insurance hate been provided. Such certificates shall specify the dote when such eompcnatinn and insurance expires. The Scllcr agrees that such compensation and insim nce shall he maintained umil after the entire work is enmpdcted and accepted, 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all damage. Ina m injury nfany kind or nature whatsoever to persons or pmpcny caused by or resulting fmm the exe ration ofthe work provided for in this purchase order or is connomtma herewith. The Seiler Evil] indcmnify and hold hornless the Purchaser and anv r all of the Purchasers officers, agents and employees Form 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 .hirer by reason M any net. action, neglect omission or defadt on the pen of the Seller. any of his contractors or any of the Sellers or contractors officers, agents or employees In ease any suit or other pmcecdings shall be bought against the Purchaser, or its officers, agents or employees at any time on account or by reason cram, net action, neglect. ornission or default of the Seller of any of his contractors or any of its or their M lent. agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the sane al the Sellers own expense, to pay any and all costs charges attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser Or any of its or their officers. 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 Purchnscr, or said panics in or as a result of such suits or other pmcecdings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all safety precautions. furnish and install all gnarls necessary for the prevention of ,accidents, comply with all Imes and regulation, xith regard to safety including, hot without limimtinn. Ibc Occupational Safcty and I Iwllh Act of 1970 and all ndes and revelations issued pursuant thereto. Revised 03/2010