HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9135979Fort Collins
Date: 11/04/2013
Vendor: 109184
LEWAN & ASSOCIATES
1608 S COLLEGE AVE
FORT COLLINS CO 80525-1007
PURCHASE ORDER
PO Number Page
9135979 1o13
This number must appear
on all invoices, packing
slips and labels.
Ship To: OPERATIONS SERVICES
CITY/OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 11/04/2013 / Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Printer/Copier Supplies& Maint 1 LOT LS 630.36
Facilities Admin portion
Per Lewan Cost per Print Agreement dated 09/24/12.
Printers and Copiers covered per Agreement Schedule A.
Facility Location:
City of Fort Collins -Operation Services,
300 LaPorte Ave., Bldg. B, Fort Collins, CO 80521.
Minimum Prints billed per per Month: 2,600 B&W, 300 Color
Print Overage Charge: $.0231 each (B&W), $.15 each (Color)
Cost covers all toner, developer, and drums (Supplies), and all labor, parts and materials.
PO Line 1 for department portion of monthly base charges.
2 Printer/Copier Supplies& Maint 1 LOT
Fleet Admin portion
PO Line 2 for department portion of monthly base charges.
3 Print Overage Charges
Facilities Admin portion
Print Overage Charge: $.0231 each (B&W), $.15 each (Col
Cost covers all toner, developer, and drums (Supplies), an(
parts and materials.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
1 LOT
I labor,
LS
LS
630.36
375.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PO
PURCHASE ORDER 913597er Page
CI�/Of 9135979 2o13
Flirt Collins This number must appear
,�—,J`-' ` on all invoices, packing
sli sand labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
PO Line 3 for department portion of charges.
4 Printer overage charges
Fleet Admin portion
1 LOT LS
Print Overage Charge: $.0231 each (B&W), $.15 each (Color)
Cost covers all toner, developer, and drums (Supplies), and all labor,
parts and materials.
PO Line 4 for department portion of charges.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Total
Invoice Address:
375.00
10.72
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order TerrnS and Conditions
Page 3 of 3
L COMMERCIALDETAILS.
Tan enemptions. Dy curare the Ciry of Fon Collins is exempt Gom cute and Iooal tares Our Exemption Number is
98fa502. Federal Excise Tax Exemption Certificate of Registry 54-600058I is registries! with the Collector of
Imemal Re ear , Denver, Colorado (Rich Colorado Revised Sunni. 1993. Chaper 39 26,114 (a).
Goals Rejected, GOODS REI ECTED due to failure to meet sped ficatiom, either when shipped or due to defects of
damage in transit, may be retained to you for credit and are not to be replaced except upon receipt of written
inswclo ns from the City of Fort Collins.
Inspection. GOODS are subject on the Ciry of Fort Collins inspection on. --I
Final Acceptance Receipt of themerchandise, s mvicat or
eli ipruent response to Wis order c fesult i
authan,ml payment on the an of the City of Far Collins However, it is to be raiders, I thol FINAL
ACC12PI'ANC17 is dependent opera completion of all applicable required inspection procedures.
Freight 'Perms. Shipments most be ROD, City of Fan Collins, 700 Wood St., Fort Collins, CO 80522. unless
otherwise spaificr an this order. If permissie. is given to Repay freight and charge,epamtely, the original freight
hill met accomnanv invoice. Additional chames for oaklne will not be ancented.
Shipment Distance. Where manufxmrers love distributing points in us pus of the country, shipment is
expected from the nearest distribution paint to destination, and excess freight will be deducted fmm Invoice when
shipments are made from greater distance.
Permit, Seller shall procure at sellers sole cost all mursvry remit, certificates and licenses !equine! by all
applicable lax regulations, ordinances and rules true state, municipality, temmry or political subdivision where
the work is performed, at required by any other duly constiwted public atnborip' havingjurisdiction ova the work
of vendor. Sella father agrees m hold the Ciry of Pon Collins beat,], s from and against all Iimbility and loss
arrived by loan by reason of as asserted err esmblished violation of any such laws, regulations, ordinances, rules
and rctryiren voi,.
Aulhmi-ficor All ponies to this co over o„a. that ],a nepreseamnvea an, in fact ban. fide and posters fill and
ompleo: authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly hours acceptance to the terms and conditions stated
herein sat loch and any supplementary or additional terms and candidates annexed hereto or incorporated herein by
reference. Any additional or different teens and conditions Proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately try.. cannot make complete shipmenuo ounce on your
promised delivery dam w noted. Time is of the essence. Delivery and performance most Is, effected within the time
,and oa the purchase Dada and the dovumenm m ached here.. No acts of the Forehssers includinb without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this precision. In the event of any delay,
the Purchaser shall have, in addition to other legal and rquimble remedies the option of placing this order elsewhere
and hairy., the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to curse, not reasonably foreseeable which are beyond its reamnable control and without its fault of negligence,
such acts of God, ants of civil or mihmry authomic, gowinventrl prionlies, fires, babes, flood, epidemic, wers or
not, provided the native of the canditions causing such delay is given to the Purchaser within five (5) rays of the
time when the Seller first received knowledge thercol: In the event of any such delay, the date of ddivcry shall be
extended for the period equal to the tiara actually lost by reawm of the delay.
3. WARRANTY.
'the Sell,, varman, that all goods, articles, mataims and wink covered by this order will confirm with applicable
drawings, specifications, samples and/or other descriptions given, will he fit far the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser mry suffer or an, oa account of the Seller beach of wwm.ty. The Sella shall replace, repair or make
good, without cost to the purebaer, any defects or faults arising within one (1) year at within such longer period of
time as maybe prcrnbed by law or by the terra of any applicable wamnry provided by the Sella after the Jam of
acceptance of the goods fumished hereunder (xceptance not to be uureamnably delayed), resulting from hopeful
or defective work dune or materials famished by the Saller. Acceptance or use of goods by the Purchaser shall nol
constitute a waiver of any claim under this wacmnty. Except as atherwise provided in this purchase order, the Set lere
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wam.ntie,
or go:namces, but such liability shall in no to include loss of profits or loss of use. NO IMPLIED WA R RANG Y
OR MI2RCI IAN I ABILITY OR OF FITNESS I'OR PURPOSE MALL APPLY.
4. CHANCES IN LEGAL TERMS.
The Purchaver may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes 10 the terms, other than legal tents, including additions to or deletions Pram
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change effects the amount due or the time ofperfommnce, hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wrtten change order, terminate this agreement in to any or all portions of the
goals then not shipped, sail to any equiable m§ustment between the parties m to any work or materials then in
progress provided that the Pumhaer shall not be liable for any claims for anticipated profits on she uncompleted
potion of the goods and/or work, for incidental or camsrquential damages, and but no such adjustrnent be made in
furor of the Seller with respect to any goods which are she Sellers nandard stock. No such termination shall achieve
the Purchaser or the Seller ofany of their obligations w m any goods delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim to, adjustment must be scared within thirty (30) days from the date the change or Ierntinnlimm is
ordered.
X. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder Shull have been produced, sold, delivered and fumished in strict
compliance with all applicable laws and regulations to which the good, mesubject.a The Seller shall a, and
deliversuch documents as maybe required to effector evidence compliance All laws and regulations required m be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser w a result of the
Sellers failure 10 comply with such law.
9. ASSIGNMENT.
Neither Party shall assign, Immfeq or county this oMe,. or any movie, due en 10 become due hereunder without the
prior won" consent ofthe other party.
10, TITLE,
The Seller we.,, full, clear and unrestdaed title to the Purchaser for all ryuipment, materials, and items fumished
in performance of this agreement free and clear of any and .11 liens rcsvimicns, reservmiona 'early idurco
enrmnbrmtces and claims of others.
11. NON WAIVER.
Failure of the Purthaa to insist upon strict performance of the tams and conditions hereof, failure or delay to
exercisany rights remedies provided herein or by law, failure to promptly notify the Seller to the cant of a
breach, or be acceptance of or payment for grads [researcher or approval of the design, shall not release the Seller of
any of the a ware. ies or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hereof or any of its fights or remedies n to any such goods, regardless
of when shipped, received or accepted, as to any prior or subs yuent defauh hereunder, nor shall any purposed
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the Items
hereof.
12. ASSIGNMENT OF ANI'1I RUSICLAIMS.
Sella and the Purchaser aeronautic that in round economic practice, overcharges reading from antitrust
violations are in fact home by the Purchaser. Theretofore,nfotgood canoe,.it. arnf), .lion for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under fideal or state antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OHLIGATIONS.
If the Purchaser directs the Seller to created nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
nay we the work m be perfumed by the at expeditious meant mailable to it, and the SCI1a shall pay all
costs also morn with such work.
The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any nonce
resulting from the performance branch work.
'Ibis release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, ofmrs sad employee. of such arty.
The Seller's contractual olth, bons, including warranty, skull not be deemed 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 requital to use any design, device, material or process covered by lever, patent, trademark
or copyright the Seller shall indemnify and save harmless the purchase, farm any and all claims far infnngement
by reason of the use of such patented design, device, fnaterial or process in connection with the comma, and
shall indemnify the Purchaser for any cost, terms, or damage which it may be obliged to pay by reason of such
infngement at any time during the prosecutor or after the completion of the work. In ruse said equipment or
any pan thereof or the mended we of the goods, is in such suit held to constitute infringement and the use of
said equipment or part is enjoined, the Seller shall, at its own expense and at its onion, either procure for the
Purchaser the fight to continue using said equipment or parts, replace the same with substantially equal but
noninfdnging equipment ur modify ita. it becomes remark ......
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt make an assignment for the benefit of aedimrs, appoint a
r m6I- Cur any of Ibe Scllcr, poverty ar business, this order may fxilmilh be uncelal by the
Purchase, w"hout liability.
16. GOVERNING LAW.
The definitions affairs used or the interpretation of the agreement and the rights of.l I parries hereunder shall be
conswed under and governed by the laws of thc State of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the services of Seller Represenutive(s), on be premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk it the same is fully completed and accepted, and shall,
in case of any accident lestruaion or injury to the work maker =lariats before Seller's fiat completion and
reverence, complete the work at Settees own expense and to the satisfaction of the Purchase!. When reaeriads
and ryuipment are famished by ,hers for installation or eavelim by the Sells, the Seller shall receive, un[oad,
store and handle saute at the site and become respotssible therefor as though such materials andor equipment
were being famished by the Seller under the order.
IS. INSURANCE.
The Seller shall, at his own expcnrc, provide far the paymen ofworkerc comperailion, including occupational
di-cw benefits, to its employees employed an or in connection with the work covered by this purchase order,
and/or m their dependents in reconbmee with the laws of the state in which the work in to be done. The Seller
Orril arm carry comprehensive general liability including, but not limited to, contractual and amomobile public
liability insurance with bodily injury and death limits brat less, $300.000 fir any one person, S500,000 for any
one accident and property damage limit pa accident of S400,000. The Seller shall likewise require his
comments, finny. to provide for such compensation and instance. Defore any of the Sellers or his conwemrs
employees shall do any work upon the premiss of other, the Seller shall famish the Proxima with a rertif and
that such compensation and insurance have been provided! . Such certificates shall specify the dam when such
ompematibn and insurance have been pow. ided. Such certificates shall specify be date when such compensation
and announce expires. The Seller agree that such compensation and insurance shall be m+mtnined until after the
entire work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury crony kind
or nature whatsoever to persons or propcny caused by or resulting from the execution ofthe work provided fir in
this purchase order or in connection herewith. The Seller will indemnify and ]told harmless the Purchaser and any
r all of the Purchasers officers, agent Imad employees Cmm and against any and all claims, losses, damages,
charges or expenses, whether dirccl or indirect, turd whether to persons or property to which the Pureha e, cony
be put or subject by reason of any act action, neglect, omission or default an the ,in of the Sella, any of hi,
any of the Sellers a contractors o icers, agents n employees, 1n c any suit o other
Interactions shall be brought .,mad the Purchaser, or its effects, agents or employees at any time on accoanr or
by reason of any act, action, neglect omission or default of the Seller of any of his contractors or any of it or
their, mfcas, agents or employees as aforesaid, the Sella hereby agrees to assome the defense thereof and to
defend be .a at the Setters own expense. to pay any and aft costs, charges, atl.me,, fee. and aka expenses,
any and all indgmenu that maybe incurred by or obtained agaimt the Purchase, at any of it or their officers,
agents or employees in such suit or other proceedings, and in rest judgment or other lien be placed upon or
obtained against the pmpeny ofthe Purchaser, or,id parries in or as a at of such suits or other proceedings,
the Sella will at once cause the be to be dissolved and dowhmged by giving bond or a crai,. The Sella suit
his contractors shall take all safely precautions, banish and incur[] all guards name., for be prevention of
accident, comply with all laws and regulations with argued to safety including, but without limitation, the
Occupational Safety and Health Ace of 1970 and all rules and regulations issued pursuant thereto.
Revised 031 010