HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9120994 (2)City of
Frt Collins
Date: 02/16/2012
Vendor: 496440
XEROX CORPORATION
PURCHASE ORDER PO Number Page
9120994 1of3
This number must appear
on all invoices, packing
slips and labels.
Ship To: NEIGHBORHOOD & BUILDING S
CITY OF FORT COLLINS
C/O LEWAN & ASSOCIATES INC
100 S CLINTON AVE XRX2-40A
ROCHESTER New York 14644
281 N COLLEGE AVE
FORT COLLINS Colorado 80521
Delivery Date: 02/15/2012 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
5 BI Xerox WC5330PT
Lease/purchase @ $155.31/mo
1 LOT EA
for Xerox Work Centre WC7556P Copier/Printer System, Serial #: TBD
Quantity: One (1)
Location: City Of Fort Collins - Building Services & Zoning Departments @
281 N. College Ave., Fort Collins, CO 80524
Lease Term: Sixty (60) months.
Base Monthly Lease Charge: $355.76
Includes: 20,000 B&W and -0- Color prints per month.
Per State of Colorado Xerox Price Agreement #: 98526YYY11 M/WSCA,
Lewan & Associates quote dated 01/09/12, and WSCA PO Attachment dated 02/15/12.
Includes trade-in of one (1) Sharp MX550ON Copier, Serial# 65007949.
Line 1 dollar amount for 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.
C3. Oi'lE,-uQs�
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
1,863.72
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PO
PURCHASE ORDER 912099er Page
CIi7/ OfCollins
��� 9120994 z of s
tColl I ns This number must appear
` ` on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
6 BI Xerox WC5330PT
Copy Charges @ est 100/mo
1 LOT EA
for above Xerox Work Centre WC7556P Copier/Printer System,
Serial #: TBD
Location: City Of Fort Collins - Building Services & Zoning Departments @
281 N. College Ave., Fort Collins, CO 80524
Base Monthly Lease Charge per PO Line 1 includes:
20.000 B&W and -0- Color prints per month.
All B&W Overage Prints @ $0.0087 each.
All Color Prints @ $0.0602 each.
Per State of Colorado Xerox Price Agreement #: 98526YYY11 M/WSCA,
Lewan & Associates quote dated 01/09/12, and WSCA PO Attachment dated 02/15/12.
Line 2 amount for 12 months estimated total Print charges.
v
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Emaii:purchasing@fcgov.com
Total
Invoice Address:
1,200.00
$3,063.72
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 3 of 3
1. COMMERCIAL DETAILS.
Tux excmptimu. By statute the City.$Tort Collins is exempt froth state and local tuxes. Our Exemption Number is
98-04502. Federal Excise j Tax Exemption Cenineate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Rcr Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Golds Rejected. GOODS REJECTED due to failure [o racer speci[icwions, either when shipped car disc to defects of
damage in transit, may be returned to you tar credit and arc not to be replaced except upon receipt of written
instructions Tram the City of Fan Collins.
hspectiun. GOODS tire subject to the City of Rm Collins inxWoiun rat arrival.
11. NONWAIVER.
Failure Of The Purclmser ram insist upon strict performance ufthc terns and conditions hereof, failure or deify to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of n
breach, file acceptance Of it payment far goods hereunder or approval of the design, shall not release the Sellerof
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of [tic
purchaser to insist upon strict performance hereofor any o(its rights or remedies as to any such goods. regardless
of when shipped, received or accepted, as to any prior or subsequent default hereum, , nor shall any pur,",d
oral modification or rescission of this purchase uNer by the PmAn cr opmue ao a waiver of any of the tense
hereof:
Final Acceptance. Reecipt of me nwclmudise, sen'ics .r 14vipment in rapense to IU, uNer can msulT in 12. ASSIGNMENT OF AN I' I' I'RUS'I' CLAIMS.
authorized payment on fhc Purl of ilne City of Fun Collins. itm...... it is m be understood that FINAL Seller out the Purchuscr recognize that in actual economic practice, overcharges reselling Iron, antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection pmeedures. violations are in far borne by the Purchaser. Theretofore, for .it cause and us consideration for exeewmg this
purchase aide,, the Scllcr hereby assign to the Purclmser any and all claims it may umr [case or hroufmr
Frcicht Terns. Shipments must be F.O.H., City of Fort Collins, 700 WOW St., Fan Collins, CO 80522. unless acquired under federal or state amitrum laws for such overcharges relating to the particular goods or services
otherwise specified can this order. If permission is given to prepay fei,la and charge separately, the original (night purchased or acquired by the Purchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges for packing will Out be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OHLIGA'HONS.
Shipment Distance. Whc,e manufacturer, Iavc distributing points in various pans of The country, shipment is If the Purchaser directs life Scicr to conch noncmnamhing or defective gewds by a Joe to be agreed upon by Ihe
expected from the nearest distbution point 1. destination, and excess freight will be deducted from Invoice when Purclmser .,,it the S<IIc,, and file Shcenhcrvhcr indicates its inability or unwillingness to comply, the Purchaser
shipments are made lions greater distancemay cease the work to be perforned by the must expeditious nwlans mailable to it, ,,it the Scllcr shall pay all
vests ux,ocialed with suet, work.
Permits. Scllcr shall pone." m sellers wle cost all accessary pemnits, cenifiemes and license, equired by all
applicable paws, regulations, ordinances and rates of the state, municipality, territory or political subdivision where
the ,cork is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller I'unher agrees to hold the City of Fan Collins harmless films and against all liability and loos
incuned by them by rasa, of an assured or established violation of any such lases, regulations, ordinances, rules
and requirements.
Auth.nmtion. All panic to tits contract agree that the represcnalkes are, in fact, bona rue and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein so Ponh and any suppicinonary or additional terms and conditions anncxcd hereto or incorporated herein by
reference. Any additional nr difYcrcut terns and conditions proposed by sellerae objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT inuncdiutely ifyou cannot make conhplen• shlpnlrn TO univc on your
promised delivery Jac .,acted. Time is o(the essence Delivery and performance must be cf[ettcd within the time
sated on the purchase order and the documents launched henna. No acts of the Po'chasem including, wifUmn
[initiation, teceptaui of partial law deliveries, shall operate n a waiver of this pmv ision. In [he event of any delay.
life Puehascr shall hoc, in addition to ether legal and equitable remedies, Ihe option ofplacing this order elsewhere
unit holding the Seller liable for damages. However, the Seller shay[ nut be liable for damages as a result of delays
due to causes rat reusonably foreseeable which ore beyond is rcuo cable control and without is fault of negligence,
such act ofGW. acts ufcivil or military amhmfic, gm rnnemal priorities, ties, strikes, food, epidrnie, wars or
runs provided that notice of the conditions causing such delay is given to life Purchaser within live (5) days of the
time when the Scllcr first received knowledge thereof In the event of any such delay, the date at delivery shall be
extended for the period equal to the time actually lost by noun of llte delay.
3. WARRANTY.
The Seller warrants that alp goods, article , materials and work covered by this order will cmd.nn with applicable
drawings, specification, samples and/or other descriptions given, will be lit for die purposes intended, and
Performed with the highest degree creme and competence in accordance with accepted standards for work of u
similar nature. 'Ihe Seller agrees to hold the purchaser hamtcas fmm any loss, damage or experts which the
Purchaser may sailer or incur on account of the Sellers breach of warranty. The Seller 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 paw or by file Terms ofuny applicable wurmaty pmvidd by fhc Seller mat the Jute of
acceptance of the goods P.nmhhcd hereunder (acceptance not m be unreasonably delayed), restating lion imp,fi a
or defective work dune or materials furnished by the Seller. Aceepwnec or use of goods by the Purchucr slut[ ran
constitute a waiver of eery claim under [his wurmnty. Except as otherwise provided in this purchase order, the Sellers
liability hcrcunder shall extend to all damages proximately caned by the breach of any of fhc foregoing aarmntics
or guzranees, but such liability shall in no event include puss ofpmtiu or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order,
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to The [cross, other than legal terns, including Wdilimer to or deletions flan
the quantifies originally oldcred in the spevillcmime; m drawings, by verbal or wrincn change .rden If any such
change affect the umuun, due or the tittle ofprfannance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
'The Purchaser may at any lime by wrincn change older. lemunatc this agreement as to any or all portion, of the
goods then not shipped, subject to any equitable udjusbncnt between the panics as to any work or materials then in
per..... provided fit,, the Purchaser duill hat, be liable for any claims for anticipated profits on the u .nmplcnJ
portion of the goods' and/or work, for incidental or consequential dwnagee, and chat no such adjustment be made in
favor of the Seller wild respect to any goods which arc the Sellers standard stock. No such terninatiun shall relieve
the Purchaser or fhc Seller of any of their obligations as to any goods delivered hcrcundcr.
7. CLAIMS FOR ADJUSTMENT.
Any claim tar Wjusn,ent nos[ be asserted within shiny (30) days fmm the Jute the change or wm,inahon is
ordered.
S. COMPLIANCE W 1'IH LAW.
l'he Seller ..mans that alp goods sold hereunder shall have been produced, so]d, delivered and urnished in strict
compliance with all until iiable laws and regu lotions to which the goods arc subject. The Set ler shtdl exceme and
deliver such documents as uuy be required to sheet or evidence conhpliance. All pars and regulal ions rvqu fired to be
incmparued in agreement, .['this chamclet arc hereby incorporated herein by this re tercncc,'I lac SO let agrees to
imEmni fy and hold the Purchaser h,u mess fmm all costs and damages so Hered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any ninnies due or to become due hereunder without life
prior wrincn consent of Ihe other puny.
10, TITLE.
The Seller warns full. clear and umv.t,i,wd title to he Purchaser lie all ryuipmrn, nwne,mi ,old items famished
in performance of this agreement, free and clear of any and all liens, restrictions, rexervatimu, security interest
encumbrances acid claims of other.
The Seller shall lease [he Purchucr slid its contractors of any tier (ram all liability and claims of any nature
resulting main the pefli nal nce o(such work.
'Fill, release shall apply even in tut event Of fault of negligence of the pang released and shall extend to the
direct.., officers and employees of such puny.
The Seller contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused m be performed by the Purchaser.
W. PATENT S.
When,, , the Scllcr is required to uu any design, den ice, material or process covered by letter, patent, trademark
or copyright, the Seiler shall indemnify and save hann less the Purehnur main any and all claims for infringement
by reason of he use of such patented design, devl", material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or dmnuge which it may be obliged to pay by reason of such
iti iingement at any time during the pr.ucution or taicr The completion of the work. In case said equipment, or
fay part thereof or the intended use the goods, is in such suit held to emimitme infringement and life we Of
surd equipment or part is enjoined, the Seller Shull, m its awn expense and at its Option, either procure for the
Purchaser the right to continue using said equipment or pars, replace the same with substantially equal but
noninliinging equipment, or modify it so it brumes nuniafringi.g.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt, make an assigntnenl for life benefit of creditor, appoint a
receiver or trustee for any of the Sellers property or business, this order nosy forthwith be canceled by life
P.rchtucr without liability.
16 GOVERNING LAW.
'Ihe definitions offer,,,, used or the interpretation offhe ugrecnnent and the rights of alp panics hereunder shall be
contrud under and guvcrncJ by the puns ofthe State of Culurado, USA.
'Pile following Additional Conditions apply only in cases Whcrc the Scllcr is to perform work hrnmalcr.
intuiting fhc service ol'Shcers Repreunafive(s), on the promises of tithe..
17. SELLERS RESPONSUAL.11'Y.
'life Scllcr Shull r rty on wit work cat Shccr's own risk .mil the was is fully eotnphcred and accepted, and shall,
in case .I eery a entent, de,nictiun or injury to the work and/or mu xUal, before Sit ler's final completion and
acceptance, conhplcte ue work at Scflr's own experts and to the satisfaction of flic Purchaser. When materials
and equipment are furnished by others for installation or erccfion by life Seller, [tic Seller shall receive, unload,
stow and bundle come of the site .,,it biome responsible therefor Us though such materials and/or equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, o his own expense, provide for the payment of workers conhpenmfion, including occupational
disease bcnclils, to is mmployees employed on or in connection with the work covered by this purcase order,
and/car to their d.pcndenu in accordance with the paws ofthe state in which the work is to be done. The Seller
Shull also cony comprehensive general liability including, but not limited to, watructuul and automobile public
liability ntwummcc with bodily injury and death limits of cat (cast S300,W0 lot any one parson, $500,000 bar any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, irony, to provide lot such cumpensation am insurance. Before any of the Sellers or his contractors
employees shall do any work No fhc premises ofothers, the Scllcr shall furnish the Purehaser wish a ccirificatc
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such eenilicutes shall specify the date when such compensation
acid insurance cxpirs. life Scllcr ugrecs that such conmpensolm, and insurance shall be nuainmined until a0er The
entire work is completed and accepted.
19. PRO IEC-1 ION AGAINS"I' ACCIDENTS AND DAMAGES.
'Pile Seller hereby assumes life miler, resparnatality and liability for any acid all damage, loss or injury ofully kind
or aware whasuvcr to pcnntu or property caused by or resulting from the execution urine mwrk provided lire in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser acid any
or all of [tic Purchasers unicers, agents and crnplayies from and against any and all claims, losses, damages,
charge, or expenses, whether direct or indirect, and whether to persons or pngxrry to which the Purchucr only
be put or subject by «son ofuny act, action, neglect, omission or default on the pun of the Seller, any of his
contractors, or any of [tic Sellers or contractors officers, agents or enhpluyecs. In case any suit or other
proceedings shall be brought ngaino tic Purchaser, or its others, agents or cnhployecs at any time can account or
by ,axon of any act, action, neglect, omission or default of the Seller orally of his con[mctoa, or any of'is Or
their office., agent, car engtoyces as ormc-id. life Seiler hereby agrees to assume the defense thereof and to
defend fhc same cal the Shcc,, ..if expense, to pay any and all costs, charges. mtomcys fee and other expenses,
any and all judgments That nay be incurred by or obtained against the Purchaser or any of is or their affects,
agents or cmployccs in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained ogainut the propny of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings,
the Seller will at once cause (tic same to be dissolved and discharged by giving bond or otherwise. The Seller and
his Contractors shall Luke all safety precautions, furnish and insrall all guards necessary for [he prevention of
aeeidcn[s, comply with all laws am 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