HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9150676Fort Collins
Date: 01/29/2015
Vendor: 109184
LEWAN & ASSOCIATES
1608 S COLLEGE AVE
FORT COLLINS CO 80525-1007
PURCHASE ORDER
PO Number Page
9150676 1of3
This number must appear
on all invoices, packing
sli s and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 01/29/2015 Buver: ED BONNETTE
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i Printer/copier Supplies&Maint 1 LOT LS 709.44
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 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 LS 709.44
Fleet Admin Portion
PO Line 2 for department portion of monthly
base charges.
3 Print Overage Charges 1 LOT LS 400.00
Facilities Admin Portion
Print Overage Charge: $.0231 each (B&W), $.15 each (Color)
Cost covers all toner, developer, and drums (Supplies), and all labor,
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
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9150676 2013
This number must appear
on all invoices, packing
sli s and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
parts and materials.
PO Line 3 for department portion of charges.
4 Print 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
!frrrxtb:
Pay terms net 30 days
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.
Tax exemptions. By statute the City of Fort Collins is exempt Spam state and local taxes. Our Exemption Number is
I L NON WAIVER.
98-04502. Fednal Excise Tax Exemption Certificate of Registry 84-6000589 is manurial with the Collemr of
Failure of fire Purchaser to insist upon than performance of We teats and conditiom hereof, fails so or delay to
love.] Rcvrnum Drover, Colorado (Ref. Calmdo Revised Satmes 1923. Chapter 39-26,114 (a).
exercise any rights or remedies provided herein or by law, failure W Promptly notify the Seller in the event of a
breach, the accepmrse of or paymrnl fro goods hereunder or approval ofthe design, shall not release the Seller of
Goad Rejetnd. GOODS REJECTED due m failure m men specifications, either when shipped or due to defrds of
any of the wanamies or obligations of this guchase major and shall not be demand a waiver of any fight of the
damage in fromit, may be reamed to you for credit and are not to but replaced except upon receipt of wrirten
purchaser to insist upon third performance hereofor any of its rights or remedies ss to any such good, regardless
instructions from the City of Fort Collins,
of when shipped, received or accepted, as to any prior or subsequent default hereunder, at shall any purported
opal mndifirmion or rescission of this purchase ardor by the purchaser operate as a waiver of any of fire terms
Inspection. GOODS am subject m the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12, ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the City of Fart 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 dependent upon completion of all applicable terminal inspection procedures,
violations are in fact home by the rundown. Theretofore, for good cause and as consideration for executing this
purchose order, the Seller hereby assigns to the Purchaser any and all claims it may now haw or hereafter
Freight T'emrs. Shipments must be F.O.B., City of Fort Collins, 900 Wood St, Pan Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If pamssi0n is given to prepay freight and charge sepnarely, the original freight
purchased or acquired by the Purchaser pursuant to this purchase older.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCI IASF.RS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance, More manufacturers have distributing points in various pans of the country, shipment is
Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date m be agreed upon by the
exparul from the nearest distnbutica .an adarination, and excess freight will be deducted from Invoice when
Prowlear and the Sella, and the Seller thereafter indicates its mortality or unwillingness la amply, the Purchaser
shipments we made from greater distance.
may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all
costs associated with such work.
Prnnits. Seller shall procure at sellers sole cast all naesvry awards, wri ficates and licenses rryulted by all
applicable laws, regulations, ordinances and pales of the state, municipality, human, so political subdivision where
the work is Performed, or required by any other duly maintained public authority having jurisdiction over the work
of vendor. Sella further agrees to hold the City of Fort Collins bafmleav from and against all liability and loss
incurred by them by reason of W aesened in established violation of navy such laws, regulation, announce, rules
and rtyuircmcnts.
Authorization. All panics to this contract ages Wert the repreanatives are, in fact, bona fide and pours, (till and
omplete authority to bind said parries.
LIMITATION OF TERMS. This Purchase Order expressly limits accepmnce t0 the terms and conditions waled
herein no forth it any supplementary or additional tears and conditions annexed herea or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejated.
2. DELIVERY.
PLEASE ADVISE. PURCHASING AGENT immediately trim cannot make complete shipment to arrive on your
promised delivery dale as noted. Time is offs, essence. Delivery and pert rmunce mutt be effected within the time
staled on the purchase order and the documents attached hereto No acts of tire Porchasas including, without
limitation, acceptance ofpartlnl late deliveries, shall operate as a waiver (if this provision. In the event crony delay,
the Purchaser shall have, in addition to other legal suit equitable remedies, rise upon. oCPlueing this code, elsewhere
and holding [lie Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not marembly foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, was of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of We
time when the Sella 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.
3. WARRANTY.
The Seller wace rms that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples anNOr other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of can suit momentum in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser hatmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without curt to the purchaser, any defects or faults arising within one (I) year or within such longer paged of
time or may be prescribed by law or by the terms of any applicable warranty provided by the Sella after the dale of
acceptance of the good famished hereunder (acceptance not to be unrnmembly delayed), resulting from imperial
or defective work done or materials famished by the Seller. Acceptance or use of goods by We purchaser shall not
rnoilme a waiver of any claim under this warom, 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 warranties
or guarantees, bat such liability shall in no event include loss of profits or foss of use. NO IMPLIED WARRANTY
OR MERCI IANT'ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchase, may make changes to legal terms by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchase, may make any changes m the terms, other than It terms, including additions 1. or &]cams from
the quantities originally ordered in the specifications or drawings, by verbal or whom change order. If any such
change a11'eces the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6.TERMINATIONS.
The Purchase, may at any lime by wain change order, terminate this agreement as to any or all portions of the
goods then nor shipped, subject to any equitable adjustment between the parties as to any work or not then in
progress ppavidM than the Purchaser shall not be liable for any claims for annotated road¢ on the unamplaw
portion of the good and/or work, for incidental or consequential damage, and that no such adjustment be made in
favor of the Seller with respeuo any goods which are the Sellers mankind stock. No such termination shall relieve
the Purchaser or the Seller of any ofthdr obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mutt be offered within thirty (30) days from the date the change or termination 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 regulations to which the goods arc subject. The Seller shall excrete and
deliver such documents as may his required to effect or evidence compliance. All Taws and regulations rtyvir d to be
incorporated in agreements of this character are offer, uncommitted herein by this reference. The Seller agrees to
indemnify and hold the Purchmer harmless from all stairs and damages suffered by the Purchmer as a ¢salt i rthe
Sellers failure 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 man=consent ofthe other party.
HL TITLE
The Sella warrants full, clear and unrestricted rifle to the Purchaser for all equipment, materials, and items fished
in perfortnanre of this agreement Gee and clear of any and all Item, restriniom, resurrections, security interest
encumbrances and claims brothers.
The Seller shall release the Purchaser and its ammnors of any tier from all liability and claims of any revue
resulting Spam the Irafarmance of such weak.
This release shall apply even in the event of fault of negligence of the party released it shall extend to We
directors, officers and employees straight putty.
The Sellers contractual obligations, including warranty, shall not be domed to be reduced, in any way, barrow
such work is performed or missed to be performed by the Purchmer.
14. PATENT'S.
Whenever the Sella is required to use any design, desire, material or prows covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the purchaser from any and all claims far 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 cost, expense or damage which it may be obliged to pay by reason of such
infringement it any time during the prosecution or after the completion of the work. In case said equipment, or
any part thereat or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or part is enjoined, the Sella shall, at its awn expense and at its optian, either procure for the
Purchaser fie right m continue using said equipment or parts, mplace the same with carafutidly equal but
nonmfringing equipment, or modify it so it bermes nonmfnanging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of conditions, appoint a
receiver or trustee for any of the Sellers mopmy, or besiness, this order may forthwith No anceled by Be
purchaser without liability.
16. GOVERNING LAW.
The definifions of terms nsM a the interpretation ofthe agreement and the rights of all ponies hneurtder shall be
ansnued under and gmerned by the lows of Be Sae of Colorado, USA.
The following Additional Conditions apply Only in emus where fire Seller is m perfstrm work hereuMa,
including the services Of Sellers Representative(,), on Be premises ofothcrs.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in case of my accident, destruction or injury to the work and/or materials before Sellers final completion and
acceptance, complete the work at Sellers Own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller, the Sella shall receive, unload,
store and handle same al the he and become responsible therefor as though such amounts and/or equipment
were being furnished by the Seller under the order.
I S. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including acupational
disease benefits, to its employees employed on or is armedi. with the work covered by this purchase order,
and/or to their dependants in accordance with the laws argue state in which the work is to be claim The Sella
shall also tarty comprehensive general liability including, but not limited W. communist end automobile public
liability insurance with bodily injury and death limits of at lent S300,000 for any one person, S500,00o for my
one accident end p.,ny damage limit per accident of S400,000. The Seller shall likewise require his
contractors, ifany, to provide for such compensation and Warsaw. Before any of then Sellers or his contractors
employees shall do any work upon the premises arctic , the Sella shall f ith the purchase with a ceffifirate
that such compensation and imarance have been provided. Such enifica ea shall specify the date when such
compensation and insurance have ban provided Such certificates shall specify the date when such ampemation
and announce expires. The Sella agree that such con pertsadon wad insurance shall bra maintained unfit naa the
rnfire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assume the entire responsibility, and liability for any and all damage, Ins or injury army kind
r ramre whensoever to persons or property caused by or resulting from the execution of the work p rsided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hatMess the Puahaer and any
Or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses,whether direct or indirect, and whether to pervans or property in which the Purchaser may
be or or subject by anion of any act, action, neglect omission or default on the pan of the Seller, any of his
cornmars—, or any of the Sellers or tour ors olfcas agents or mWayees. In case any suit or other
proceedings shall be brought spirit he Purchaser, or its officers, agents or employees at any time on account or
by reason of any ugh action, neglect, omission or default of the Seller of any of his contrano s or any of its or
their olfcas, agents or employees as aforesaid, the Sella hereby agrees m assume the defense thereof and to
defend the same at the Sell. own expenses m pay any aad all costs, charges, auomeys fees and other expenses.
any and all judgments that may be incurred by or obtained against the Purchuer or any of its or their officers,
agents or employes in such suits or other proceedings, and in case judgment or other lien be placed upon in
obtained against the property of the Purchases, or said posies in of u a result ofeuch suits or other proceedings,
the Seller will an once cruse the same to be dissolved and dischmgM by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, fum¢h and install all goods necessary, for the prevention of
accidents, comply with all laws and regulation with regal to safety including, bar without limiation, the
Occupational Safety and Health Act of 1920 and all pales and regulations issued pursuant themee,
Revised Wn014