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HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9124263City of art Collins Date: 08/01/2012 Vendor: 496440 XEROX CORPORATION PURCHASE ORDERPO 912426er Page 124263 tof3 This number must appear on all invoices, packing slips and labels. Ship To: NATURAL RESOURCES CITY OF FORT COLLINS C/O LEWAN & ASSOCIATES INC 100 S CLINTON AVE XRX2-40A ROCHESTER New York 14644 200 W. MOUNTAIN FORT COLLINS Colorado 80521 Delivery Date: 07/31/2012 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price Xerox WC7125P Copier 1 LOT LS Lease Payments for 12 months for Xerox Work Centre WC7125PT Copier/Printer System. 1,704.84 Serial #: TBD Quantity: One (1) Location: City Of Fort Collins - Natural Areas Department @ 1745 Hoffman Mill Road, Fort Collins, CO 80524 Lease Term: Sixty (60) months. Total Base Monthly Lease Charge: $142.07 Includes: 2,000 B&W and -0- Color prints per month. Per State of Colorado Xerox Price Agreement #: 98526YYY11 M/WSCA, and Lewan & Associates quote dated 06/18/12. Market Codes: WC7125P, 1 line fax, 3 hole punch, ofc finisher Ix. Includes trade-in of one (1) Sharp MX230ON copier, Serial# 6506679Y. Line 1 dollar amount for 12 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 penalty. Lessee will notify Lessor at least thirty (30) days prior to the end of the year if funds 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 City of �,.F„�ort Collins PURCHASE ORDER PO Number Page 9124263 2of3 This number must appear on all invoices, packing els. slips and lab Line Description Quantity UOM Unit Price Extended Ordered Price 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 for above Copier for 12 months 1 LOT LS for Xerox Work Centre WC7125PT Copier/Printer System, Serial #: TBD Location: City Of Fort Collins - Natural Areas Department @ 1745 Hoffman Mill Road, Fort Collins, CO 80524 Base Monthly Lease Charge per PO Line 1 includes: 2,000 B&W and -0- Color prints per month. All B&W Prints over 2,000 @ $0.0063 each. All Color Prints @ $0.0683 each. Per State of Colorado Xerox Price Agreement #: 98526YYY11 M/WSCA, and Lewan & Associates quote dated 06/18/12. Line 2 amount for 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: 4,242.84 $5,947.68 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins s exempt from sate and focal awns, On, Exenhou t Number is 11 NONN AR ER. 98 0450 _ Federal Excise Tax Exemption Certificate of Re,on, 84 600058] is regimered with the Collector of Failure of the Purchase III cro—1 .,,in slut perrormon.v of the terms and condt one herc.f, fa lure or delay to Thermal Revenue, Denver, Colorado (Ref Colorado Revised Satmes 1973, Chapter 39-26, 114 (a). exam- any .,his or remedes provided herein or by low, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hemmnder or approval of th design, shall not release the Seller of Goods Rejected GOODS REJECTED due to failure to meet specifications, either when .chipped or due to defects of any of the wanenties or obligations of ]at, purehnse order truck shall not be deemed . ..,at of nay ng]t of the damage in transit, may be returned to you for credit and are not to he replaced except upon receipt of woven purchaser to insist upon strict performance hermfor any of rights or comediesas an any such goods, regardless mstmctions from the City of Fort Collins. of wban shipped, orrocoedo cepted, as m any parior or subsequent default hereunder, nor shall any purported sal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of be terms hourelime GOODS are subject 1. the City of Pon Collins inspemion oa all ]to rmf. Final Acceptance_ Receipt of the merchandise, se r equipment in response to this order canresult in 12, ASSIGNMENT OF ANTITRUST CLAIMS authorized payment on Inc pro of the City of Fuji Collins. However, it is in be understood tile, FINAL Seller and the Purchaser recognize that in acaal economic practice, overcharges resulting from saturated ACCEPTANCE is dependent upon completion of all applicable required inspectionprocednrex violations are in fact home by the Purchaser, Theretoforfor tgood cause and or consideration to ..... shop this Purchase order, the Seller M1ereby assigns, to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipment, mast be F.O.E., City of Tom Collins, 900 Wood St,, ran Collins, CO 80522, unless acquired under federal or state antitrust laws for such overchurgu relating to the particular goods or services otherwise specified on this orderJfpermiesion is g.,an,prepay freight and charge separately, the original freight purchased or acquired by the Purchases pursuant to this purchase code,. bill must accompany invoice. Additional charges for packing will no, be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where munufncturres have resolution, points an burns pans of flat country, shininess is Ifihe PduclaW, directs the Seller as correct nonconforming or defective goods by a data 1. be agreed open by In, expected from it,, est distribution point to formation. and excess freight will be deducted from Invoice when Purchaser and the Seller, anithe Seller thereafter indicates its inabiliryor unwillingness to comply, the Purchaser shipments are made from greater distance. 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. Permits Seller shall procure ai seller, sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and calls of the state, municipality, ternary or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the Cm, of Fart Collins Iemdca form and against ell liability and loss incurred by them by reason or an focused or established violation of any such laws, regulations, ordinances, rates and mqui ..care Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority ro bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the [emu and exted pas stated herein set fond and any supplementary or additional teas and conditions annexed hereto or inmrpors ed herein by reference. Any stallions] or different terms and conditions proposed by seller are objected to and hereby rejected 2_DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your pommad delivery date us noted. Time is of the nsence. Delivery and pprfomhonce mast bo eflccad within the, rime sated on the purchase Order and the documents attached harem. No acts of the Purchasers including. without ]initiation, acceptance oferrall late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to mber legal and equiahle remedies the option of placing this order elxwhvae and holding roe Seller liable fardamages However. the Seller shall not be liable for damages as a result ofdelays doe m cause, not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such act, of God.cis ofcivil an military authorities, gov anal priorities, fires, strikes, flood, epidemics, wars or rims provided that notice of the conditions causing such delay is given to the PuoM1nser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, foe date of delivery shall be extended for the period equal to the time actually lost by reason office delay. 3. WARRANrt'. The Seller warrants ibar all gaud,, hrtides, material, and work covered by his order will confomt with applicable drawings, specifications, samples nndor other descriptions gIvan,will be fit for the Purgac,c, intended, and performed with In, highest dcgrcc of arc and c.mpnence is accordance will accepted standards for work of a molar mare. The Seller agrees 1. hold the Proposal hamJcss from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. Pie Seller shall replace, repair or make good, without cost to the purcdaser, any defect, or faults arising within one (1) year or within such longer prod of rime as may be prescribed by law or by the [emu many applicable warranty provided by the Seller an,, the dole of acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or mnlcria]s hdmisnld by the Sell,, Acceptance or of goods by rat Purchaser ,ball not constitute a waiver of any claim under this wannnry. Except as prherwisc provided in this purehnse order, the Sellers liability hereunder shall extend to all damages presreally caused by the breach of any of the foregoing warranties or guarantees but such liability shall in no event include Tess of profits or loss infuse NO IMPLIED WARRANTY OR MF.R(:HAN I'ABILI I Y OR OF IT I NESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal canes by written change oad,,. 5. CHANGES IN COMMERCIAL TERMS. The Pnahow, may make any changes m the home, other than legal terms, including additions to or deletions free, the qunnf o, originally ordered in roe specifications or drawings, by verbal or wneen change ostler. If any such change afrees the amountday or the time of pen'mmvnce hereunder, an equitable adjustment shall he male. 6. TERMINATIONS. 'Ihe Purchaser may at any time by written change order, rermicate this agreement as to any or all portions of the goods then rim sM1ipped supom 1. any equiable adjustment between the ponies as to any work or materials then is progress provided char be Purchase, shall not be liable for any does for anticipated profits on the uncompleted p uramn of dde Bomb indfor wad, for inaidenml or consecration] damages, and that no such adjustment be nearly, in lava, of be Seller w.IM1 ,Haan to any goods had on, the Sellers sforda d stock. No curb hermmulio r shall relieve the PumM1oser or the Seller of any of flour obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUST MEM'. Any claim for adjustment must be asserted within Hurry (10) day, from lie data ac change or feet inmion is mil ered. 8. COMPLIANCE WITH LAW. The Seller warearms that all goods sold hereunder shall have been produced sold, delivered and famished 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 compliunu.All laws and regulations required to be mcorpamted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form all casts and damage, suffered by the Purche... ex a result .fthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pony shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and unresuined title to the Purchaser for al I equipment, materials, and itens famished n perfimm of this .,jeconi free and clear of any and all bear, researchers, reservations, secunty interest encumbrances and claims of others. The Seller shall release the Producer and its contractors of any net from all liability and claims of any nature resulting from the perfomtance of such work. This'dose shall apply even in the event of fault of n,] de ce of the parry released and shall cxtond to the directors, officers and e n iloyees of such parry. The Seller's contractual obligations, including warrnnry, shall not be deemed to be reduced, is any why, because ...h wad is performed or caused to be performed by the Purchaser. 14, PAT HNTE Wren a the Seller is requiml or use any design delta,, material or pmnsw vered by teller, patent, trademark ,itmason o the Seller fsuc indemnify and save harmless the Purchaser tram any and all claims for contr contract, by reason of floe use ranter parented design device, material which in connection with the aver of and snail indemnify the Purchaser for any tom, expense or damage whist it maybe obliged to pay by renxm oft, or my pan then o any time doling are prosecutions, seer the completion t ofthe latework. inn rase sail equipment or any pan therm[ or the intended ¢se he the goods, a in such snit bend to and atima ption,gcmenl and the use hof e said equipment or pan is adjoined the Seller shall, at it, own , "lac and vI its option, dither procure Cur the Purchaser the right a t, arm o using said equipment in pans, replace the some with substantially cgnal but noninfnnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupp make an assigruneut for the benefit of creditors, Illusion a receiver r trustee fur any of the Sellers pmpeny, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defininces off. used or the morom salon of the agreement and the rights of al I parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The fpllo n, Addai0ml Conditions apply holy in where the Seller is to perform work hereunder, including the services of Sellers Reprosentative(s), on thecases premises of,hees. U. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own hide uart l the same is fully completed end...voted, and small, in e of any accident, destruction or injury In the work and/or mmenas before Settees final completion and acceptance, complete the work at Settees own expense and to the scrobaction of the Pirelli When materials and equipment are hundred by.,hers far inswllation or erection by the Seller. the Seller shall receive, unload, ,lure and handle ,.are al the sire and become responsible therefor as though such materials ardor equipment were being famished by the Seller under the order. 18. INSURANCH. The Seller sM1Illl, at M1is own expense, provide For the payment ofworkem compensation, including occupational dose a benefits, to its employ.v employed onoy in rapurchase with the work covered by this purehorder, and/or to their dependents in accordance with thelaws of the state in which the work is to be done. The Seller shall also carry comprehensivegmeml liability including, but not limited I., commraual and and omobile public liability inmmncc with bodily injury slid dealt, limits of of least S300,000 for any one person, S500,000 Car any cetdcnr and pmpeny damage limit per accident of S400,000. The Seller shall likewise quire 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 provide the Such osh.11 auboyish the Purchaser dad n ocifficone such cM1m such compensation insurance and insurance have been provided. ate, hall s eonf shell specify the doe when such compensation and insurance have been provided. Sneb lec ihrut, ,,ad I l specify the doe when such compensation he and insurance completed a Seller agrees that such c.mpcmumion mad insnrnnce shall be msinmined until veer the entire work is completed and accepted_ 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any aad.11 damage, loss or injury of any kind or blame whnbommr to Plano- property umned by or resulting Ram the exeruli se of the work provided prior this purchase order or in connection herewith. The Seller will indcmhufy and held harmless the Fumhure, adany all of the Pearchri officers, ¢gems and employees ploes from and again any and all claims, lot, s, dm aages charges or expenses, w-nether direct or indirect, and wnadter to person, or pmpeny, to which the PuMaser may be put or subject by reson of any act action, neglect, omission or default on the pan of the Seller, any of his contractor, or any of the Sellers or contractors olBccrs, agents or mploy-,. In cous, any suit sur other proceedings shall be bought against the Purcbaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default ofthe Seller of nay of his contractors or any of its or their oRmers, agents employees as aforewid, 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, atterneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purdnser or any of its or their officers, agents or employees in such suits or other proceedings, and in also judgment or other lien be placed upon or .banned against he propcny of We Purchase,, or said panics in or as a result of such suits or other pambodings, the Seller wIII m once cause the same to be dissolved and dise]arged by giving bond orotherwise. The Sellerand vie wntiacthrs shall take .II safety precautions, furbish and insau all guards nmessary for the prevention of accident,, amply wins .II laws and regulations with regard to safety including, but without Institution, the Occupational Safety and Ream Al, of 1970 and all rules and regulation, issued pursuant thereto. Revised 032010