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HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9120994 (3)City of Fort Collins Date: 02/17/2012 Vendor: 496440 XEROX CORPORATION PURCHASE ORDER PO Number Page 9120994 1°14 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 Xerox Copier Lease Payments WC7556P for 12 Months 1 LOT LS 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 12/05/11, 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. 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 4,269.12 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City of /'"OF6rt Collins PURCHASE ORDER PO Number Page 9120994 2of4 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Estimated Print Charges WC7556P for 12 Months 1 LOT LS 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 #: 98526YYY11M/WSCA, Lewan & Associates quote dated 12/05/11, and WSCA PO Attachment dated 02/15/12. Line 2 amount for 12 months estimated total Print charges. 3 BI Xerox WC5330PT Lease/purchase @ $155.31/mo 4 BI Xerox WC5330PT Copy Charges @ est 100/mo 9 Xerox Copier Lease Payments WC75330PT for 12 Months 1 LOT LS 1 LOT LS 1 LOT EA for Xerox Work Centre WC5330PT 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: $155.31 Includes: 5,000 B&W prints per month. Per State of Colorado Xerox Price Agreement #: 98526YYY1 1 M/WSCA, Lewan & Associates quote dated 12/08/11, and WSCA PO Attachment dated 02/16/12. No trade-in. Line 5 dollar amount for 12 payments. Non -Appropriation of Funds Lessee reasonably believes that it will have a need for the Equipment for the duration 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 1,200.00 1,863.72 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of 9120994 s of a ' `t Collins ns This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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. 6 Estimated Print Charges WC7533OPT for 12 Months 1 LOT EA for above Xerox Work Centre WC5330PT 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: 5.000 B&W prints per month. All B&W Overage Prints @ $0.0081 each. Per State of Colorado Xerox Price Agreement #: 98526YYY11 MIWSCA, Lewan & Associates quote dated 12/08/11, and WSCA PO Attachment dated 02/15/12. Line 6 amount for 12 months estimated total Print charges. c3. oi�:-aes� 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 Total Invoice Address: $1 1,200.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tcros and Conditions Page 4 of 4 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local Invest. Our Exemption Number is 1I. NONWAI VER. 99-0-1502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Foilure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colomdt (Ref. Colorado Revised Statutes 1973, Chapter 39 26. 114 (a). exercise am, rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of o breach, the acceptance ofor payment for goods hereunder or appmval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warnoties or obligations of this purchase order and shall not be rimmed a waiver of any right of the damage in transit. may be remmed to you for credit and arc net to be replaced except upon receipt of written purchaser to insist upon strict performanec hercofor any ofits rights or remedies as to any such goods, regardless instmetinns form, the City of Fort Collins. of when shipped, received or accepted, as in any prior or subsequent default hermmder. nor shall any purported oml modification or rescission of this purchase order by the Purchaser operate as n waiver of any of the terms Inspection. GOODS are subject to the City of Too Collins inspection on arfiv,al, hcrcef. Final Acceptance. Receipt of the merchandise. services or equipment in response to this enter can result in 12. ASSIGNMENT OF ANTITRUST CLA [MS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognim that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE, is dependent upon completion ofall applicable required inspection pmcedums. violations are in fact borne by the Purchaser. Theretofore, for good 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 most be F.O.B.. City of Fen Collins, 71)0 Wood St.. Too Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the pnnicular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or aequimd by the Purchacr pursunnt to this purchase order. bill most accompany invoice Additinnal charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective grads two date to be agreed upon by the expected front the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Scller thcma0cr indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditions means available to it. and the Seller shall pav all costs associated with such work. Permits. Seiler shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mles of the state. municipality, territory or political sub lm isien where the work is perforated, or featured by any other duly constituted public authority having jurisdiction mer the w'erk of vender. Seiler further agrees to hold the City of Fort Collins harmless from and against all liability ,ad Ins, intoned by them by reason of an asserted or established violation of any such Laws, regulations, ordinances, rules and nctaircmcnt. Antharizitio r All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete nuthonty to bind said panics. LIMITATION OF TERMS. This purchase Order cspresdy limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different Icrms and conditions proposed by sellcram 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 he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay. the Purchaser shall have, in addition ro other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seiler shall not be liable for damages as a result of delays due to causes not rcaenably foreseeable which arc beyond its mmonable control and without its (atilt ofnegligence, such acts of God, acts uncivil or military ntnhentics, governmental priorities, rims, strikes, Rood, epidemics, ears or riots provided 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 date of delivery.,hall he extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seiler warrants that all good. articles, materials and work covered by this order will con( ref with applicablc drawings, specificatinos, samples andlor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cure 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 Scllcrs breach of wamnty. The Seller shall replace. repair or make good, without cast to the purchase,, any defects or faults raising within one (1) year or within such longer period of time as may be pmwribcd by Imo or by the terse of any applicable warranty provided by the Sell let aper the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from inmperfcct or defective work done or materials furnished by the Seiler. Acceptance or use of goods by the Purchaser shall not constitute a waiver fany claim ender this wnranty. Except its otherwise provided in this purchase order. the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing w:armnues; or guarantees, but such liability shall in no event include lass ofpmrits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser mry make changes to legal terns by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions fmm the quantities originally ordered in the specifications or dmwinga, by verbal or written change office. If any such change affects the amount due or the time ofperfommnce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, temfinatc this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any ooA nr materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profit on the uncompleted portion of the good 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 arc the Scllcrs standard stock. No such tem,ination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any el,aim for adjustment most be nssened within thirty (30) days From the date the change or Icrmin,ation is ordered. S. COMPLIANCE WITH LAW. The Seller warrant that all goads sold hemumdcr shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seiler shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc 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 oat a result of the Scllcr failure to comply with such law. Q. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or tiny monies due or to become doe hereunder without the prior wru n consent of the other party. 10. TIT I.E. The Seller vane sits; full, clear and unrestricted title to the Pnrehacr for all equipment materials, and items furnished in perfommnce of this agreement, free and clear of any and all liens. restrictions. msenations, security interest encumbrances and claims of others. The Seller shall release the Purchaser tad its contractors of any tier fruit, all liability and claims of any nature resulting Form the performance ofsuch work. This release shall appy even in the event of fault of negligence of the party released and shall extend to the directors, officers m,d employccs nLmeh party. The Scllcrs contractual obligations. including warranty, shall not be deemed to be reduced, in any way. because such work is perforated or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter. patent, trademark or copyright. the Seller shall indemnify and save harness the Purchaser from any and all claims for infringement Is, mason 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 car damage which it maybe nbliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In ease said equipment. or any pan thereof or the intended use ofthe 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 right to continue using slid equipment at pans, replace the same with substantially equal but noninfringing equipment, or modify it sit it becomes notinfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankrpL make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers properly or business, this order may forthwith he canceled by the Purchacr without liability. 16. GOVERNING LAW. The definitions eftemfs nscd or the interpretation ofthe agreement and the rights of all panics hereunder shall be construed under and governed by the Imes nfthc State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rcprcsenmtive(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY, The Seiler shall carry can slid work rt Sellers own risk until the mine 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 cat Seller's tern expense and to the satisfaction ofthe Porah,aser. When materials ,and equipment are furnished by others for installation or Cmetion by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr ender the order. 18. INSURANCE. The Seller sholl, at his own expense. provide for the payment of workers con,pensminn, 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 liability including, but not limited to, eontractu,al and automobile public habifity insurance with bodily injury and death limits of at Icxst S300.000 for any one person. S500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likesise require his contractors. if any, to pmvidc for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of odcrs, the Seller shall famish the Purchaser with a cenifcatc that such compensation and insurance have been provided. Such cenificma shall specify the date when such compensation and m5knomee have been pmvidcd. Such certificates shall specify the date .,,hen such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maintained until offer the entire work is completed and oeeepted. 19. PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Seller hereby n ,tans, the entire rc,pensibility, and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caned by or resulting fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any 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 In which the Purchaser ma7 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, agent 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 of any of his contractors or rev of its or their officers, agents or employees as aforesaid, 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, anomeys fees and other expenses. any and all judgments that may be inanred by or obtained against the Purchaser or any of its or their officers. ,agents or employees in such suits or other proceedings, and in cast, judgment or other lien be placed upon or obtained against the property of the Purchaser, car said parties in or as a result of such suit or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install sill guards necessary for the prevention of accidents, comply with all laws fuel regulations with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all mles and regulations issued ptrsunnf Ilu mto. Revised 03/2010