HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9123727City of
Fort Collins
Date: 06/29/2012
Vendor: 496440
PURCHASE ORDER
XEROX CORPORATION
C/O LEWAN & ASSOCIATES INC
100 S CLINTON AVE XRX2-40A
ROCHESTER New York 14644
PO Number Page
9123727 1 of 3
This number must appear
on all invoices, packing
slips and labels.
Ship To: LINCOLN CENTER
CITY OF FORT COLLINS
417 W MAGNOLIA
FORT COLLINS Colorado 80521
Delivery Date: 06/28/2012 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Xerox XC560V Copier
Lease Payments for 5 Months
1 LOT LS
for Xerox Work Centre WC560V Copier/Printer System with Fiery Server,
Serial #'s: TBD
Quantity: One (1)
Location: City Of Fort Collins - Lincoln Center @ 417 West Magnolia Street,
Lease Term: Forty -Eight (48) months.
Total Base Monthly Lease Charge: $685.37
(Includes $544.68 for WC560V & $140.69 for X560EFI)
Includes: -0- B&W and -0- Color prints per month.
Per State of Colorado Xerox Price Agreement #: 98526YYY11 M/WSCA,
and Lewan & Associates quote dated 05/18/12.
Market Codes: WC560V, X560EFI, Xc550/560 Adv Fin
Includes trade-in of one (1) Xerox DC252 Copier, Serial# DUX272090
3,426.85
Fort Collins, CO 80521
Line 1 dollar amount for 5 months of payments.
State of Colorado Central Services user fee of $.001 per impression wil be billed separately
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 Denaltv.
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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9123727 2of3
This number must appear
on all invoices, packing
;and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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.
2 Estimated Print Charges 1 LOT LS 2,500.00
for above Copier for 5 Months
for Xerox Work Centre WC560V Copier/Printer System,
Serial #: TBD
Location: City Of Fort Collins - Lincoln Center @
417 West Magnolia Street, Fort Collins, CO 80521
Base Monthly Lease Charge per PO Line 1 includes:
-0- B&W and -0- Color prints per month.
All B&W Prints @ $0.0057 each.
All Color Prints @ $0.0501 each.
Per State of Colorado Xerox Price Agreement #: 98526YYY11 MANSCA,
and Lewan & Associates quote dated 05/18/12.
Line 2 amount for 5 months estimated total Print charges.
Total
$5,926.85
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 ll, CPPO City of Fort Collins
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO Box 580
Fort Collins, CO 80522-0580
Purchase Ordcr Terms and Conditions
Page 3 of 3
1. COMMERCIAL DETAILS.
Tax exemption,. By statulc the City of Fon Collins is exempt firm slate and local taxes. Our Exemption Number is 11. NON WAIVER.
98-04502, Federal E,cisc Teri Exemption Ccnilicate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terns and conditions hero[ failure or delay to
Interval Revenue, D ..or, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26. 114 (ak exercise any rights or rtnusho, provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the ucecptunec ofor payment for goods hereunder or approval ofthe design, shall not rulcao the Seller of
Goods Rejected. GOODS REJECTED due I. failure to meet specitio.fm,, either whore shipped or due to defects of any of the waramies or obligations of this purchase order sad shall not be devoted a w.i,c, of any right of the
damage in transit. may is, returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hcrvofor any of is rights or rc..ndi,s us to any such goods, regardless
instructions from the City of Fog Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. hemoL
Final Aceeponce, Receipt of the merchandise, acrvivvs or equipment in response to this order call result in 12.ASSIGNMEN'r OF ANTITRUST CLAIMS.
authorized payment on the part of the City of Fort Collins. However, it is m, be understood that FINAL Seller and the Purchuser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations care in fact burro by ]to Purchaser. Theretofore, for good cause and as consideration for executing this
purchase Oder, the Scllcr hereby assigns to the Purchaser any and all claim, it may or, have or homage,
Fmlght 'Lungs. Shipmcns must be F.O.B.. City of Fog Collins, 700 Wood St., Pon Collins, CO 80522, unless acquired under federal or state antitrust Imvs for such overcharges rotating to the particular goods or services
o[henvis, specilicd tan this .,do, If permission is given to prepay freight and charge separately, the original freight purel mscd oracquired by the Purchaer pursuant to this purchase order.
bill most accompany invoice. Additional 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 do&.five goods by a date lobe agreed upon by the
expected Ira the nearest distribution point m destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness ern comply, the Purchaser
Shipmcns are..made from greater distancemay cause the work to be performed by the mot expeditious nncanu available to it, and the Seller shall pay all
costs ussucivmd with such work.
Permits. Seller shall procure at scllcrs sole cast all necessary permits, ecni[ica[e, and licenses required by all
applicable laws, regulations, c dina roo. and rules of the state, municipality, territory or political subdg ision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller fntrher 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, ordinances, rules
and requirements.
Aahonzutiun. All panics to this contract agree that the representatives are, in fact, band fide and possess full and
connplot, uodunily to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly lim,its acceptance tu the terms and conditions stated
homin tot fair], and any supplementary or additional tvms and conditions annexed hereto or incorporated heroin by
re6cmmc, Any additional or different terns and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately it you cannot make complete shipment to arrive on, your
par nhised delivery dare as noted 1"into is ofthe essence. Delivery and performance must be offecod within the tittle
stuted on the purchase order and the doeannens cached herco. No acts of fhc Purchases including, without
limitation, acceptance of partial late deliveries, shall aware as a waiver of this provision. In [lie event ofuny delay,
.It, Purchaser shall have, in addition to other legal and equitable mniedies, the option of placing this order elsewhere
and holding the Scllcr liable for damages. However. the Seller shall not be liable for damages as a result of delays
due to causes at reasonably fiam eeablc which are they and is reasonable control and svitltout is fault of negligence,
such act, of God, vets of civil or military authorities, govemmental priori tics, fires, strikes, flood, epidemics, ours or
riots provided that notice of the conditions oausing such delay is given to the Purchaser within five (5) days of the
Liao when the Seiler fist received knowledge thereof. In the event of any such delay, the date of del ivory shall be
extended for the period equal to the time actually host by reason of the delay.
3. WARRANTY.
The Seller wana us that all goods, anions, raterias and work covered by this order will conform with applicable
drawings, spocificatio ,, wmples and/or other descriptions given, will the tit for the purposes intended, and
Perforated with the highest degree of care and competence in accordance with accepted standards for work (if.
similar nnoro. The Seller agteo, to hold the purchaser h.Il,ss faun, 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 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 terns ofany applicable warranty pmvided by the Seller allot the date of
acceptance at the goods furnished hereunder (acceptance not to be wucustmabhy delayed), resulting hour auperfcct
tar defective work done or ounorlals famished by the Seller. Acceptance or use of goods by the Purchaser shall na
constitute a waiver ofuny claim under this wnman[y. Except as other, is• provided in this Purchase order, the Sellers
liability hereunder shall exted to all damages proximately caused by the breach of uny of the foregoing warranties
or gu ntru,", but such liability shall in no event include loss ofproli,s or lass of use. NO IMPLIED WARRAN"I'Y
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The P.rcl,asC, nary make changes to legal toms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tors, other than legal terns, including additions to or deletions from
the quantities originally ordered in the speoilleatios or drawings, by verbal or written change order. If any such
change u17os the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS,
The Purchaser nay at any time by Orin change order, terminate this agreement as to any or all portions of the
goods then nut shipped, subject to any equitable adjustment brwrca the panics as to any work or materials then in
progress p.,idcd do, the Purchaser shall nor be liable for any claims for anticipated prais 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 Seiler with respect o any goods which arc the Sellers standard stock. No such formulation shall relieve
the Purchaser tar the Seller of any of their obligations as to any goods delivered hereunder.
7. CLA INIS FOR ADI US"rMENT.
Any claim lot udjusment must be assened within thirty (30) day, from the date the change or tcmanatior is
stored.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have born produced, sold, delivered and furnished in strict
compliance with all upplicable laws and regulations to which the goods arc subject. The Seller shall execute and
deliver such documentsas may be required to effect .,evidence compliance. All laws and rogulmion, required to be
incorpomod in agrecmcnt, o1'this chamctcr ure hereby incorporated herein by this reference. 'the Seller agrees to
indemnify and hold the Purchaser hannlcss from all costs and dannages sullered by the Purchaser as a result ofthe
Shce,s failure• o comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this oNer, or any monies due or to become due hereunder without the
prior written consent of the other parry.
10. TITLE.
The Scllcr waraas full, clear and un¢snictcd title to the Purchaser Intuit cquipmenl, materials, and items furnished
in performance of this agreement, free and clear of any and all firs, restrictiuns, rewl-vatios, security interest
encumbrances and claims of other,.
The Scllcr shall release the Purchaser and is conuacon of any tier From all liability and rains of any nature
resulting from the performance ufsuch work.
'Phis It. shall apply even in the event of fault of negligence of the party reloased and shall extend to the
directors, otlinrs and cnrploy'ccs of such puny.
The Seller's contractual obligations, including warranty, shall not be devoted to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENT'S
Whenever the Seller is mquiLed to use uny design, device, maerial or process covered by letter, patent, trademark
or copyright, the Scllcr abull indcnu,try and save hannlcss the Purchaser from any and all cluims for infringement
by reason at tire use of such patented design, device, material or pal in connection with the contract, and
shall indcmni ly the Purchaser for any cost, expense or damage which it may be obliged to pay by reason Of such
in Bingcnont ut any time during the prosecution or after Ire comply, ion a the work. In case said equipment, or
any pot fla,w.lor tiro intended use .1 the goods, is in such suit held to constitute infringement and the use of
said equipment or part is enjoined, the Seller shall, at is owner cxpcnao and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
nonin Tinging equipment, or modify it so it boconhes noninliinging.
15. INSOLVENCY.
If the Seller shall become insolvent or bnkmpt, make tar alignment for the hnelit of c"iors, appoint a
receiver or trustee for any of the Sellers pmpcny or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions cftrrns used m the interpretation ofthe agrecmcnt and the nigh, of.]] panics hereunder shall be
construed under and governed by the laws ofthe State ofCulo undo, USA.
'[ho following Additional Conditions apply only in cases where the Scllcr is to perform work hereunder.
including the services of Scllers Rcprcsenmtive(sk on the premises of oocm
17. SELLERS RESPONSIBILITY.
'I he Scllcr Shull cony on said work at Seller's own risk until the sums is fully completed and ace,p„ et. ard,hall,
in case of any accident, destruction or injury to the work :uhd/or materials before Seller's final completion and
acceptance, cumnplot, elm work m Seller's tern expense and to the v.tiA.cthm Of Lime Purchaser. When materials
and equipment ure furnished by others for installation or crocimi by the Seller, the Seller shall receive, unload,
store and hand], same at the site and become responsible therefor as though such materials and/or equipmett
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expenso, prvide for the payment of worker eonrpcnw[imt, including occupational
disease benefits, to is employees employed on, or in connection with the work covered by this purchase order,
and/or to their dependent, it, accordance with the laws of the state in which the York is to be done. The Seller
shall also carry comprehensive general liability including, but not limited tu, contractual and automobile public
liability insurance with bodily injury and death limits of at least $300.000 for any one person, S500,000 for any
one accident and pmNny damage limit per accident of $400,000. 1'lie Seller shall likewise require his
contractors, iftiny, tu provide for such compensation and insurance. Before any of the Scllers or his contractors
employees shall do any work upon the promises ofothers, the Scllcr shall furnish the Purchaser with a certificate
that such cumpenseliun and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have boon provided. Such ectificutea 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 1u11, is Completed and accepted.
19, PROI'CC'I'[ON AGAINST ACCIDENT'S AND DAMAGES.
'[hc Seiler homby.stenos the cadre reSpomibiliry and liability fof any and all damage, loss or injury many kind
m' nature wlmsocvcr to persons or property caused by or resulting from rho execution ofthe work provided for in
[his purchase older m in connection herewith. The Seller will indemnify and hold hannlcss the Purchaser and any
or a]I (It' the Purchasers aficers, agents and cmployccs from unit against nay and all claims, losses, damages,
charge, or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, nvglco, emission or default on rim pan of the Seller, any of his
contractors, or any of the Scllers or contractors odicem. ugcns or employees. In case any suit or other
proceedings shall be brought against the Purchaser. or its officers, agents or cuployccs at any time on account or
by reason of any net, action, neglect, omission or default of the Seller of any of his contractors or any of is or
their once., agents or employees as aforesaid. the Seller hereby .greys I. assume the defense thereof and to
defend the vale tar the Sellers own expo,o, to pay any and all costs, charges, attorneys fees and other expenses,
any unit all judgmons that may be incurred by or obtained ugains, dire Purchaser or any of is or their officon,
ugcros or employees in such suits or other proceedings, and to east, judgment or other licit be placed upon or
obtained against the properly of the Purchaser, or said panics in or as a result ufsuch suits or other proceedings,
the Seller will at once cause the tome to be dissolved and discharged by giving bond or othenviso. The Seller and
his cuntrucmrs shall take all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to solely including, but without limitatiun, the
Occupational Suety and Health Act of 1970 and all mlvs and regulations issued pursuant thereto.
Revised 03/2010