HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9120227PURCHASE ORDER PO Number Page
City of 9120227 1 1 of a
`t Collinshis number must appear
1�7 on all invoices, packing
slips and labels.
Date: 01/13/2012
Vendor: 496440
XEROX CORPORATION
C/O LEWAN & ASSOCIATES INC
100 S CLINTON AVE XRX2-40A
ROCHESTER New York 14644
Ship To: PARK MAINTENANCE
CITY OF FORT COLLINS
413 S BRYAN
FORT COLLINS Colorado 80521
Delivery Date: 01/12/2012 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Xerox WC7545P Copier Lease
Payments -Parks Portion
1 LOT LS
for Xerox Work Centre WC7545PT Copier/Printer System, Serial #: TBD
Quantity: One (1)
Location: City Of Fort Collins Parks Department @
413 South Bryan Ave, Fort Collins, CO 80521
Lease Term: Forty -Eight (48) months.
Base Monthly Lease Charge: $292.22
Includes: 10,000 B&W and 250 Color prints per month.
Line 1 dollar amount for department portion of 12 payments.
Per State of Colorado Xerox Price Agreement #: 98526YYY11 M/WSCA,
Lewan & Associates quote dated 12/07/11, and PO Attachment dated 01/12/12.
Includes trade-in.
Non -Appropriation of Funds
Lessee reasonably believes that it will have a need for the Equipment for the duration
of the Lease and that funds will be available and appropriated to make all payments
under this Lease, however, the availability of funds in future fiscal years is dependent
upon appropriation of funds by Lessee's City Council, which appropriation is entirely
discretionary.
Lessee will seek funding each year as part of its Budget process. If funds to continue
the leasing of the Equipment for the portion of the Lease term falling in the next year
are not legally available for such purpose, Lessee may terminate this Lease at the end
of the current year without penalty.
Lessee will notify Lessor at least thirty (30) days prior to the end of the year if funds
are not available for the payments required under this Lease by reason of
non -appropriation or non -availability of funds as set forth above.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill Il, 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
1,450.61
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort. Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
City of///��� 9120227 z of a
F^r} Collins
This number must appear
,fit—J`-' ` on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
Z Xerox WC7545P Copier Lease
Payments -Forestry Portion
1 LOT
for above Xerox Work Centre WC7545PT Copier/Printer System,
Serial #: TBD
Line 2 dollar amount for department portion of 12
3 Xerox WC7545P Copier Lease
Payments -Sports Portion
1 LOT
for above Xerox Work Centre WC7545PT Copier/Printer System,
Serial #: TBD
Line 3 dollar amount for department portion of 12 payments.
4 Estimated Print Costs for
above Xerox -Parks Portion
1 LOT
for above Xerox Work Centre WC7545PT Copier/Printer System,
Serial #: TBD
Location: City Of Fort Collins Parks Department @
413 South Bryan Ave, Fort Collins, CO 80521
Base Monthly Lease Charge per PO Line 1 includes:
10.000 B&W and 250 Color prints per month.
All Overage Prints @ $0.0087 per B&W and $0.0602 per Color.
Per State of Colorado Xerox Price Agreement #: 98526YYY11 M/WSCA,
Lewan & Associates quote dated 12/07/11, and PO Attachment dated 01/12/12
Line 1 amount for Department portion of 12 months estimated total Print charges.
5 Estimated Print Costs for
above Xerox -Forestry Portion
1 LOT
for above Xerox Work Centre WC7545PT Copier/Printer System,
Serial #: TBD
+++++
Line 2 amount for Department portion of 12 months estimated total Print charges.
6 Estimated Print Costs for
above Xerox -Sports Portion
LS 725.30
LS 1,450.61
LS 860.00
LS 430.00
1 LOT LS
for above Xerox Work Centre WC7545PT Copier/Printer System,
Serial #: TBD
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill 11, 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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
City of 9120227 1 3014
' `t Collins
ns This number must appear
1 on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
Line 3 amount for Department portion of 12 months estimated total Print charges.
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
Invoice Address:
776.52
City of.Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 4 of 4
I. COMMERCIAL DETAILS,
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER.
95-04502, Federal Excise Tax Exemption Certificate of Registry 54-6000587 is registered with the 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 (Ref. 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 ofor payment for goods hereunder or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, tither when shipped or due to defects of any of the wammics or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hercof or any of its rights orremcdies as to any such goods, regardless
n stn¢tions fmm the Cam of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral mndification or rescissicn of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to 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 pan 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 dependent upon completion ofall applicable required inspection procedures, violations are in fact borne by the Ruchascr. Theretofore, for goad 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 Terms. Shipments must be F.O.B., Citv of Fort Collins, 700 Wood St., Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges retuning to the particular goods or services
otherwise specified on this order. Hpermission is given to prepay freight and charge sepamtcly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order.
bill most accompany invoice Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country. shipment is
expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when
shipments arc made from greater distance.
Permits. Seller shall procure at sellers sole cost all accessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and mlcs of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority havingjurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, toles
and requirements.
Authorization. All panics to this contract agree that the representatives are in fact, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tans and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
premised delivery date as noted. Time is of the essence. Delivery and performance 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 of partial late deliveries, shall operate as a waiver of this prevision. In the event crony delay,
the Purchaser shall have. in addition to other legal and equitable remedies, the option cfplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence,
such acts of God, acts of civil or military authorities, governmental priorities, fires. strikes, food, epidemics, w:ces or
riots provided that notice of the conditions causing such delay is given to the Purchaser within fee (5) days of the
time when the Seller 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 warrants that all good, 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 cam and competence in accordance with accepted standards for work 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 Sellers breach of wamnty. The Seller shall replace, repair or make
good. without cost to the purchase,. any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by Inv or by the terms ornery applicable warranty provided by the Seller after the date of
acceptance of the goad burnished 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 warranty. Except as otherwise provided in this Purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the branch of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of pmfits or loss cruse. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Puchaser may make changes to legal terms by written change otter.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the toms. other than legal terms, including additions to or deletions from
the quantities originally ordered in the spceifications or drawings, by verbal or written change order, If any such
change affects the amount due or the time ofpaformance hereunder, an equitable adjusmtent shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order. terminate this agreement as to any or all portions of the
goods then not shipped, subject to any egtitable adjustment between the panics as to any work or materials then in
progress provided that the Purchaser shall not 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 be made in
favor of the Seller with respect to any goods which are the Scllcrs standard stock. No such termination shall relieve
the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days fern the date the change or termination is
ordered.
S. 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 are 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 character are hereby incorlwmted herein by this reference. The Seller agrees 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 party shall assign, mnsfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Scllerwamnts fill, elearand unrestricted title to the Purchaser for all equipment, materials. and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of.dwes.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser dimets the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contractors of any tier Form all liability and claims of any nature
resulting from the performance of such work.
This release shall apply wen in the event of fault of negligence of the party released and shall extend to the
directors. of ccts and employees ofsuch party.
The Shcer's eonlractual obligations, including wamnty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be perfumed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, nadcroark
or copyright, the Scllcr shall indemnify and save harmless 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 for any cost, expense or damage which it may be obliged to pay by reason of such
i nfd agement at any time during the prosecution or after the completion of the work. In case said equipment. 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 pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the tight to continue using said equipment or parts, replace the same with substantially equal but
noniefringing equipment. or modify it so it becomes noninfringine.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofmmrs used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be
c... trued 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 services of Sellers Represenmtive(s), on the premises 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 materials
and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible themfor as though such materials and/or equipment
were being fumished 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 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 done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractor and automobile public
liability insurance with bodily injury and death limits of at least S300,000 for any one person. $500,000 for any
one accident and property damage limit per accident of S400,000. 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 any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
Oat 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
and insurance expires_ The Seller agrees 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 assumes the entire responsibility sad liability for any and all damage, loss or injury ofany kind
or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemai fy and hold harmless the Purchaser 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 inducer, 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 of the Sellers or contractors officers, agents or employees. In ease any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any 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 thercof and to
defend the snore at the Seller, 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, Mthe Purchaser, or said panics in or as a result ofsuch suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond orotheraise. The Seller and
his contractors shall lake all safety precautions, famish and install all gourds necessary for the prevention of
accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 03/2010