HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9125150City of
Fort Collins
Date: 09/25/2012
Vendor: 496440
XEROX CORPORATION
PURCHASE ORDER
C/O LEWAN & ASSOCIATES INC
100 S CLINTON AVE XRX2-40A
ROCHESTER New York 14644
PO Number Page
9125150 1 of
s number must appear
all invoices, packing
slips and labels.
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST - 1ST FLOOR
FORT COLLINS Colorado 80521
Delivery Date: 09/24/2012 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Xerox WC7545P Copier 1 LOT LS
Lease Payment for 12 Months
for Xerox Work Centre WC7545P Copier/Printer System.
2,069.52
Serial #: TBD
Quantity: One (1)
Location: City Of Fort Collins - Social Sustainability @ 321 Maple Street, Fort Collins, CO 80521
Lease Term: Thirty -Sixty (36) months.
Total Base Monthly Lease Charge: $274.51
Includes: 10,000 B&W and 250 Color prints per month.
Per State of Colorado Xerox Price Agreement #: 98526YYY11 MIWSCA,
and Lewan & Associates quote dated 09/19/12.
Includes: ofc finisher Ix, 3 hole punch, Hi cap tandem tray.
No trade-in copier.
Line 1 dollar amount for 12 months of 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 ll, 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
9125150 2of3
ron
is number must appear
all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Estimated Print Charges
U
for above Copier for 12 Months
1 LOT LS
for Xerox Work Centre WC7545P Copier/Printer System.
Serial #: TBD
Quantity: One (1)
Location: City Of Fort Collins - Social Sustainability @ 321 Maple Street, Fort Collins, CO 80521
Base Monthly Lease Charge per PO Line 1 includes:
10,000 B&W and 250 Color prints per month.
All B&W Prints over 10,000 @ $0.0087 each.
All Color Prints over 250 @ $0.0602 each.
Covers: Consumable Supplies, Service, Parts and Labor.
Per State of Colorado Xerox Price Agreement #: 98526YYY11 M/WSCA,
and Lewan & Associates quote dated 09/19/12.
State of Colorado Central Services user fee of $.001 per print wil be billed separately.
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 ll, 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:
1,224.60
$3,294.12
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Teals and Conditions
Page 3 of 3
1. COMME.RCIALDETAIL5.
Tax exemptions. By statute the City of Fan Collins is a oap,l firm state and local axes. Our Exemp[ion Number is
98-04502. Federal Exclw Tax Ex nfillon Cra firm of Registry 84 6000587 is fi,aa red with the Collector of
Internal Revenue, Dames Colorado (Ref. Colorado Revised Stamta 1973, Chapter 39-26,114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either .ben shipped or due to defects of
damage in rrowi , may be anumed to you for credit and one not to be replaced except upon receipt of written
instructions from the City of Pan Collins.
b agrantion GOODS are subject to the City of lion Collins inspection on arrival.
Food Acceptance. Receipt of the merchamlue, a n'ices or equipment in response on this order can result in
announced payment on the pan of the City of Fun Collins. However, it is to be buckboard cut FINAL
ACCEPTANCE is depeadem upon completion of all applicable required inspection procedures.
Freight Terms. Shipments ..at be FOD., City of Fort Collins, T00 Wood Sc, Find Collins, CO 80522. artless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill must acmmNny invoice. Additional charges for packing will not be accepted.
Shipment Distance. U'lo re manufacturers have distributing paints in various pans of the country, shipment is
expected firm the neamst distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made fmm greater distance.
Pem,i x. Seller shall procure al sellers sole cost all necessary permits, cenifiates and licenses required by all
applicable laws, regulations, ordinances and roles ofthe note, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having junvtiction over the work
of vendor. Sella dialer agrees to hold the City of Fort Collins harmless fmm and against all liability and loss
incurred by them by reason of in, aswnul or established violation of any .such laws, regulations, ordinances, rules
and requirements.
Authon-pon. All parties to this contract agree that the nEm. entatives are, in fact, bona fide and possess full and
complete authority to hind said parties.
LIMI'PAT[ON OF TERMS. this Ponvo a Onlm expressly Lucia, acceptance m the lams and conditions slated
her .et fort and any snppl'unnary fir additional tors and condhiamannexed hereto or incorporated hermit by
reference. Any additional or ali fferent tenon and card, ,a., p,,o,,d by seller am objected Id sad hereby r j,,quL
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENTimmediately ifym bound, make camplem f Onunit la arrive on your
promised delivery date as acted. lime is of the exicum. Delivery and performance must be effected within the time
sated on the purchase order and flit documans andelad hereto. No cars of the Purchasers including, without
limitation. acceptance of partial Irate deliveries, shall dperae as a waiver affix ix provision. In the even, of any delay,
,he Purchaser stall hate, in addition to .,he, Icgal and cquiablc o medies, the option flooding this order elsewhere
and holding the Seller liable for damages. However, the Seller shall n.I be liable for damages as a ,,at, of delays
due to causes not reasonably foreseeable which art beyond its reasonable control and without its fault ofnegligenee,
such reds of God, act dfeivil or military anthodfia, 6ovar manual peonies,Does, snakes, nand, epidemics, wars or
riot provided cut rota offer condition, causing such delay is give m the Purchaser vs'phor five (5) days .[,he
,ire when the Seller fat received knowledge therm[. In the event of any such delay, the dare of delivery shall be
extruded for the paned equal Io the Hume actually lost by reason of the delay.
3. WARRANTY.
The Seller wumnt That all goods, auicles, mlfenal3 and work covered by this order will conform with applicable
dmwiags, specifications, sample and/or other descriptions give, will be fit fir the purposes included, and
Performed with the highest degree of are and comparative in accordance with accepted standards for work of a
similar wrote. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the
Purchaser may suR or incur oa account of arc Sellers breach of wananry. The Seller shall replace, repair or make
good, without cost to the puromttr, any defects or faults arising within one (1) year or within such longer pcood of
time as may M prescribed by law or by the tomes of any applicable warranty provided by the Seller after the date of
accep,ance of the goods famished hereunder, boompunim not on be uurmwwbly delayed), resulting firm imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
antra e a waiver of any claim under this wareanty. Except as otherwise provided in Nis purchase order, the Sellers
liability hereunder shall emend to all damages pre,in arly caused by the breach of by ofthe foregoing warramies
or gwmntees, but such liability shall in no arm include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MF.RCHA NTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser nay make changes to legdl arms by w'nRen change order
S. CI TANG Fix IN COMMERCIAL TERMS.
The Purchaser may make any changes to the mats, other than legal rears, including additions Io or deletions firm
,he , ailine, originally ordered in the specfications or drawing, by verbal or written change order. If any such
change limits the mama due or the lime of ralloo re hereunder..a equitable adjusmenl shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, mnninan, this agreemen, as to any or all portions at the
goods then not slipped, subject e, any equitable adjustment between the parties as to any work or materials then in
progress provided Ile the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, lib incidental or consequential damages, and that no such adjusmenr be made in
favor of the Seller with respect to any 6aine which are tire Sellers standard stock. No aueh mm,inatian shall relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termiwtiau is
ordered.
I. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold delivered and farm alval in strict
omphance with all applicable laws and regulations to which the goods are subject The Seller shall exemte and
deliver such documents on copy be required to effect or evidence compliance. All laws and regulations required to be
ncarpamted in agreement of This character are hereby incaryomted herein by Ibis reference. The Seller agrees to
indemnify and hold the Purchaser hamdeu from rill costs and damages suffered by the Purchaser as a resin, of the
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any moan due or w become due hereunder %'intent the
prior women consent ofthe other party.
10. TITLE.
The Seller warrant full, clear and unrestricted title to the Pandesser(or all infula mt meteriat, and in. fi fished
in Performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
eoaumbmnces and claims of mhars.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and institutions hereof, failure or delay to
expaxise any rights or remedies provided herein at by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any fight of the
pricheasm to insist upon stna performance hereof or any of its rights - remedies as m any such goods, regardless
of when shipped, received or accepted, ss to any prior or subsequent default hereunder, nor shall any EmEwaee
col modification or rescission of this purchase order by the Purchaser operate as a waver of any of the It —
hereof
12. ASSIGNMENT OF ANTI rRUST CLAIMS.
Seller and the Purchaser recogniac that In acme crIc practice, overebea ges awaking from mimut
violations are in fire, bone by the Purchaser. Theretofore, far good eau¢ and as consideration for executing duds
pu bl ase, order. the Seller hereby assigns to the Purthuer any and all claims it may now have or hereafter
acquired under Beat or state antitrust laws for such overehug,s relating to the particular goods or services
purehawd or acquired by the Purchaser pursuant to Ibis purchase order.
13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date w be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness on damply, the Purchaser
may cause the work m be performed by the most expeditious means available to it, and the Seller shall pay all
casts associated with such work.
The Seller shall micra, the Purchaser and io contractors of any lief from all liability and claims of any nature
resulting from the performance afsuch work.
This releme shall apply even in the event of fault of negligence of the party released and shall extend so the
directors, Wllaas rind employ-, of such party.
The Sellars contractual obligations, including warranty, shall not N deemed to be reduced, in any way, because
such work is perlbmmd or caused u, be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, mmedol or process cmxned by lemct, pbrain t trademark
or copyd,lu, the Seller shall indemnify and save harmless the Purchaser from any and all claims for Infringement
by roam of the use of such punned design, device, materiel or process in carmoduar with the comma, and
shall indemnify the Purchaser fc any cast, expense or damage which it may be obliged to pay by reason of such
infringement at any time during dic prosecution or after the completion of the work. In case said equipment or
any an them-f up the intended use of the goads, is in such suit held to consthu a infringement and the use of
said equipmem or pan is enjoined, the Sell,, shall, at it own expense and at its option, either procure for the
Purchaser the fight to continue using said equipment or pans, replace the same with subsamially equal but
noninGrnging equipment, or modify it so it becomes ambaftinging.
15, INSOLVENCY.
If the Setter Shan become insolvent or bankrupt make an assignment for the benefit of credimrs, appoint a
receiver or mam,c for any of the Sellers property or busaess. Ibis order may forthwith be canceled by hie
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofrerns rued or the imaEmiction ofthe agreement and the rights ofell panics hereunder shall be
canstrvcd under and gorcmed by the laws of the Stare oFColamd., USA.
The following Additional Coni itions apply only in cases where the Seller is to Perform mark hereunder,
including the seaica ofS,11. Reprewnative(s), as the premiss of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry oa said work at Seller's an risk until the same is fully completed and accepted, ma shall,
in se of any accident, destruction or injury to the work and/or materials before Sellees final completion and
tteptunce, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by hie Seller, the Seller shall receive, unloud,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
18. INSURANCE
The Seller shall, at his own expense, provide for the payment ofworkers compensation, including occupational
disease benefits, to its employees employed -fir in connection with the work covered by this purchase order,
andor to their depnalent in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry com,rcuposive general liability including, but not limited to, contractual and automobile public
liability insurance will, bodily inj my and death lima¢ ofa lea, $300.000 for any one person, $500,000 for any
cathal riupe nd prny durna, limit per occident of $400,000, The Seller shall likewise require his
cue a rcmm, if any, to provide fur such compensation and insurance. Before any of the Sellas or his commenter,
employees shall do any work upon the premises of others, 0e Seller shall furnish the Purchaser will, a anifioae
that such compensation and insurance have been provided. Such certificates shall specify the date when such
ompctantion and instance have been dox ided. Such carp fcates shall specify the dare when such compensation
and in expires. Me Selle—green that such compensation and insurance shall be nionuined until after [lie
entire work is completed and accepted
19. PROTECTION AGAINST ACCIDENT'S AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
or nature whatsoever to perm- or property caused by or resulting from 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
cr all of the Purbars eofficers, agent and employees from and against any and all claims, lossn, damages,
harges or expenus, whether direct or indirect, and whefer, to persons or property to which due Purchaser may
be put or subject by crown of any act action, neglect omission or default on the pan of due Seller, any of his
contractor, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceeding shall be brought appot the Purchaser, or it officers, agent or employees at anv time on account or
by reason of any act action. neglect omission or default of the Seller of any of his contmaors or any of it or
their officer, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and no
defend the same at the Sellers own expired, 1. Pay any and.11 cost, charges, at.,, fxs and other expenses,
any aM all judgment that may b r incurred by or obtained against the Purchaser or any of its or their officers.
agent or employees in such suit or other proceedings, and in cue judgment or other lien ha placed upon or
obtained against thc property ofthe Purchaser, or said parties in or as a result of such suits or other procmings,
the Seller will at once muse the same to be dissolved mad discharged by giving bond or otherwise. The Seller and
his contntctoa shall take all safety prtcaulions, f rmish and iuoll all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health AV of 1970 and all rules and equation issued pursuant therao.
Revised 03R010