HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9120880City of
art Collins
Date: 02/10/2012
Vendor: 496440
XEROX CORPORATION
PURCHASE ORDER Po Number Page
9120880 tofa
This number must appear
on all invoices, packing
slips and labels.
Ship To: HUMAN RESOURCES
CITY OF FORT COLLINS
C/O LEWAN & ASSOCIATES INC
100 S CLINTON AVE XRX2-40A
ROCHESTER New York 14644
215 N MASON, 2ND FLOOR
FORT COLLINS Colorado 80524-4
Delivery Date: 02/09/2012 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Xerox WC7545P Copier Lease
Payments -Department Portion
1 LOT LS
for Xerox Work Centre WC7545P Copier/Printer System, Serial #:. TBD
Quantity: One (1)
Location: City Of Fort Collins Human Resources Department @
215 N. Mason St., Fort Collins, CO 80524
Lease Term: Sixty (60) months.
Base Monthly Lease Charge: $249.35
Includes: 10,000 B&W and 250 Color prints per month.
Per State of Colorado Xerox Price Agreement #: 98526YYY1 1 M/WSCA,
Lewan & Associates quote dated 12/21/11, and WSCA PO Attachment dated 02/09/12
Includes trade-in of one (1) Sharp MX4501N Copier, Serial# 75063385.
Line 1 dollar amount for department portion of 12 payments.
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 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
1,300.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
City. of 9120880 2 of 4
`t This number must appear
` Collins1 on all invoices, packing
slips and labels.
Line Description Quantity
Ordered
UOM
Unit Price Extended
Price
2 Xerox WC7545P Copier Lease 1 LOT
LS
1,300.00
Payments -Department Portion
for above Xerox Work Centre WC7545P Copier/Printer System,
Serial #: TBD
Line 2 dollar amount for department portion of 12 payments.
3 Xerox WC7545P Copier Lease 1 LOT
LS
1,300.00
Payments -Department Portion
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 1 LOT
EA
1,800.00
above Xerox -Dept. Portion
for above Xerox Work Centre WC7545P Copier/Printer System,
Serial #: TBD
Location: City Of Fort Collins Human Resources Department @
215 N. Mason St., Fort Collins, CO 80524
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 12/21/11, and WSCA PO Attachment dated 02/09/12
Line 4 amount for Department portion of 12 months estimated total Print charges.
5 Estimated Print Costs for 1 LOT EA
above Xerox -Dept. Portion
for above Xerox Work Centre WC7545P Copier/Printer System,
Serial #: TBD
Line 5 amount for Department portion of 12 months estimated total Print charges.
1,800.00
6 Estimated Print Costs for 1 LOT EA
1,800.00
above Xerox -Dept. Portion
for above Xerox Work Centre WC7545P Copier/Printer System,
Serial #: TBD
Line 6 amount for Department portion of 12 months estimated total Print charges.
Invoice Address:
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
Accounting Department
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
PO Box 580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
Fort Collins, CO 80522-0580
City of
art Collins
PURCHASE ORDER
PO Number Page
9120880 s of 4
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
C3. Oi'�e_
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:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Ordcr Terms and Conditions
Page 4 of 4
I. COMMERCIAL DETAILS.
Tax eacreprions. By statute the City of Fort Collins is exempt form state and local taxes. Our Exemption Number is
95-04502. Federal Excise Tax Exemption Cenificate of Registry 84-f-0O(1587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114(a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written
instructions fmm the City of Fort Collins,
Inspection. GOODS am subject to the City of Fort Collins inspection on arrival.
11. NONWAIVER.
Failure of the Purchaser to insist npnn .strict owrfnrmance of the tans and conditions hereof, failure or delav to
exercise any rights or rcmcdics pmvidcd herein or by Ire. Induce to promptly notify the Seller in the event of a
breach, the receptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the
purchaser to insist upon strict performance hercofor any of its rights or rcmcdics as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder. aor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hcrcof.
Final Acceptance. Receipt of the merchandise. services Or equipment in response In 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 recognice that in actual economic practice, overcharges resulting from inductor
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact home by the Purchaser. Themlafarc, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser an and all claims it may now have or hemaner
Freight Tortes Shipments must he F.O.B., City of Fen Collins. 700 Wood St.. Fen Collins. CO 50522. unless acquinrl under federal or state antitmst laws for such overcharges relating to the particular goods or services
chemise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purehnser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
ShipnmaLDistancc. Where manufacturers have distributing points in various pans of the country, shipment is
expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments arc made from greater distance.
Portraits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules of the state. municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the wark
of vendor. Seller limber agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws. regulations, ordinance, mles
.ad requirements.
Anthorizzlion. All panics to this contract agree that the representatives arc, 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 toms and conditions proposed by seller are objected to and hereby reiednl.
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 be cliccted within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without
limitation, acceptance ofpmtial late deliveries, shall operate as a waiver of this provision. In the event orally delay.
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seiler liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its =enable control and without its fault ofnegligence.
such acts of Ged. actcuf civil or military outhorftics, governmental priorities, fires. strikes, flood, epidemics. wars or
riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the event of any such delay, the Into of deliveryshall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller wamnts that all goods, articles, materials and work covered by this order will conform with applicable
dmvings, specifications, samples and/or other descriptions given, will be fit for the proposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless form any loss, damage or expense which the
Purchaser may suffer or inenr on account Of the Sellers breach of wamnty. The Scllcr shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within .such longer period of
time as may be prescribed by law or by the toms ofany applicable warranty provided by the Seiler after the date of
acceptance of the grad famished hereunder (acceptance not to be unreasonably delayed), rcmdting from imperfect
or defcetiec work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofany claim under this wamnty. 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 warm atics
or guarantees, but such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. C14ANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by wTittcn change order.
5. CHANGES IN COMMERCIAL TERMS.
The purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings. by verbal or %written change nrder. If any such
change affects the amount due or the time ofper( mrance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at anv time by written change order. tcminale this agreement as to any Or all portions of the
I; then not shipped, subject to any equitable adjustment between the parties as to any work or materiels 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 an such adjustment he made in
D%or of the Seller with respect to any good which are the Sellers standard stock. No such fermi nation shall relieve
the Purchaser or the Seller of any of their trial igations as to any goods del ivcrcd hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjacent most be asserted within thirty (30) days from the date the change or wriminntion is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all gands 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 character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer. 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 Seller wamnts full, clear and unrestricted title to the Purchaser far all equipment, material%, and items furnished
in performance of this agreement, free and clear of any and alp liens, restrictions, reservations, security interest
encumbrances and cL ims of mhos.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Pnmhascrdinects the Seller to correct nonconforming or defective good by a date In be agreed upon by the
Purchaser and the Seiler, 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 pry all
costs usseciated wish such work.
The Seiler shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature
resulting from the pefnrmance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors. officers and employees of such party.
The Seller's contractual obligations, including wamnrv, shall not be deemed to be reduced, in any way, because
such wark is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seiler is required to asc any design, device material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and .save harmless the Purchaser fmm any and all claims for infringement
by reason of the use of such patented design. device, material or process in connection wish the contmcl and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at anytime during the pmsecnt ion or after the completion o(the work. In case said equipment or
any part thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of
said equipment or part is enjoined, the Seller shall. at its own cxpcn c and at its option, either procure for the
Purchaser the right to continue using ,said equipment or parts, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfringing
15. INSOLVENCY.
If the Seller shall bceomc 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 be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be
construed undo and governed by the laws of the State of Colorado. USA.
The following Additioal Conditions apply only in eases where the Seller is to perform work hereunder.
including the services Of Sellers Reprcsentalive(s), on the premises ofalhers.
17. SELLERS RESPONSIBILITY.
The Scllcr 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 satisfactino of the Purchaser. When materials
and equipment arc furnished by Others for installation or erection by the Seller. the Seller %bill receive, unload,
slorc aad handle same a1 the site and become responsible therefor as though such materials and/or equipment
were being famished by the Seller under the order.
IS. INSURANCE.
The Seller shall, at his own expense, provide for the payment Mworkcrs 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 he done The Seller
shall also carry comprehensive general liabilih- including, but not limited to, contractual and automobile public
liability insumnee with buddy injury and death limits of at least S300.000 for any one peon, S500.0Nq for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to mvide 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 furnish the Purchaser with a eenircnle
that such compensation and insurance have been provided Stich cenificata shall specify the date when such
compensation and insurance have been provided. Such ecrtifucmes shall specify the date when such compensation
and insurance expires. The Seiler agrees that such compensation and insurance shall he maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire rcepnnsihility and liability for any and all damage, loss or injury ofany kind
or nature, hatsocver to persons or prnpcny caused by or resulting from the execution of the work provided for in
this purchase order or in connection hcrewilh. The Seiler will indemai fy and hold ham less the Purchaser and anv
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 mnv
be put or %Object by reason of any act action, neglect, orassion or default nil the pan Of the Sol let. any Of his
contractors, or any of the Scllcrs or contractors oficcrs, agents or employees. In case 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 ofany of his contractors or any of its Or
their Officers. agents or employees as nfommid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attomcys fees and other expenses,
any and all judgments but may be incurred by or obtained against the Purchaser or any Of iL Or their olTi"m
agents or employees in such suits or other proceedings, and in case judgment or ether lien be placed upon or
obtained against the property of the Purchase, or said panics in or as a result of such suits m other porccedings,
the Seller %Fill at once cause the came to he dissolved and discharged by giving bond or mhcovise. The Seller and
his contractors shall take all safety precautions, famish and install all gamids necessary for the pmvention of
accidems, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Sufety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 01/2010