HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9141267City of
F`or_t Collins
Date: 02/26/2014
Vendor: 496440
XEROX CORPORATION
c/o LEWAN & ASSOCIATES INC
100 S CLINTON AVE XRX2-40A
ROCHESTER NY 14644
PURCHASE ORDER
PO Number Page
9141267 1of2
his number must appear
on all invoices, packing
sli s and labels.
Ship To: ACCOUNTING DIVISION
CITY OF FORT COLLINS
215 N MASON, 2ND FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 02/26/2014 Buver: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t Xerox WC7556P Copier Lease
Payments & Est. Print Charges
fsilliS��9
5,500.00
for Xerox Work Centre WC7556P Copier/Printer System.
Serial #: XKP549096
Location: City Of Fort Collins - Finance Department (Accounting) @ 215 N. Mason St., Fort Collins, CO 80524
Lease Term: Sixty (60) months.
Total Base Monthly Lease Charge: $236.27
Includes: 20,000 B&W and -0- Color prints per month.
All B&W Prints over 20,000 @ $0.0067 each.
All Color Prints @ $0.0602 each.
Covers: Consumable Supplies (except paper), Service, Parts and Labor.
Prices fixed for term of lease.
Per State of Colorado Xerox Price Agreement #: 98526YYY11 M/WSCA,
and Lewan & Associates quote dated 08/22/12.
PO Line 1 dollar total amount ($5,500) includes twelve (12) months of lease payments (2,835.24) and estimated
print overage charges ($2,664.76) . _
For term: March 1, 2014 thru February 28, 2015.
State of Colorado Central Services user fee of $.001 per print wil be billed separately.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins Veexempr fmm stateatW lord taxes. Our Exemption Numberis
ILNONWAIVER,
98-04502. Federal Excise Tax Exemption Cmifwls of Registry RI-falia ] is registered with the Collector of
Failure offe Purchaser to insist upon strict performances of the a— and wWin. hereof, fail. m delay to
Intcmal Revenue, Denver, Colorado (Ref Colorado Revised Stammer 1973. Chapter 39-26, 114 dd.
examine any rights or remedies provided herein or by law, failure to pool notify the Sella in the event of a
breach, the acceptance ofor payment for goods hereunder or approval offe design, shalt not releax the Sella of
Good Rejected. GOODS REJECTED due to Where to meet spaifrwtiorss. either when sta'pped or due to defects of
any of the wamaties or abligatioru of this purchase coder arrd shall Out be donned a waiver Of any right of the
damage in tramil may be reamed a you for credit anti are not to be replaced except upon receipt of woman
purchaser to insist upon mict perfonnance Larval any of its rights or remadics as many such goods, regadless
inamctions from the City of Fon Collins,
of when shipped, received or accepted, us to any prior or subsequent default hrreunda, nor shall any purported
and madifution or rescission of this puahal Oder by the Purchssa operate as a waiver of my of $e terms
Inspection. GOODS arc subject to the City of Fon Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order on result in
12. ASSIGNM ENT OF ANTITRUST CLAIMS,
authorised payment on the pan of the City of ran Collins. Howee, it is to be understood that FINAL
Seller and the Purchaser dam ix that in actual ecnis practice, overcharges resulting from an,a.,
procedures.
ACCEPTANCE is dependent upon completion troll applicable required inspection pro
ha
violations am in home by the Purcser Theremforefor good cause and as consideration far executing this
purchase order, the Seller hereby assigns to the Pmchown any and all claims it may now have or herea0er
Freight fears. Shipmenls mist be F.O.B., City of For Collins, 700 Wood St., Four Collins, CO 80522, unless
acquired under federal or sate antitrust laws for such overcharges relating to the particular good or services
O,herwix shaped on This order, If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill must 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 defective good by a dre to be agreed upon by the
expected from the nearest distribution Point to destitution, and excess freight will be deducted from Invoice when
Purchssrr, end the Sella, and the Seller IhereaHer indicates its inability or unwillingness to comply, the purchaser
shipments are made from greater dlstance.
may taus the work to be performed by the coos, expeditious at. available to it, and the Seller shall pay all
costs associated] with such work.
remain. Seiler shall procure at sellers sole cast all necessary permits, crnifcates and licenses required by all
applicable laws, regulations, odwtwea and rates of the state, municipality, territory or political subdivision where
the work is performed, or requital by any other only cmantim l public authority bavingjurisdicam over the work
of vendor. Seller further agrees to hold the City of Fain Collins hmmless fmm and against ell liability and lass
ncumxl by them by reason of an assenN or established violation of any such lass, reguliumars odinanee, roles
and requirements.
Autlmriraeon. All monies to this concoct agree fat the rep weft lives are, in fact, Mrs fide and p saxss fun and
complete noboriry, to bind said panics.
LIMITATION OF TERMS. This Purchase Oder expressly limits acceptance to the terns and conditions stated
herein set forth and my supplementary or additional man and conditions annexed hereto or incorporated h dvin by
rcfeaws. Any additional or different terms and conditions Imposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to adds, on your
promised deliverydate as noted Time is of the essence. Delivery and performance tnua be effected within the time
stated on flu, purchase order and the documents toward hereto. NO is of the Purclraen including, without
limitmion, acaptmm of partial late deliveries, shall operate as a waiver athis provision. In the event crony delay,
the Producer shall lave, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not be liable lot damages as a result of delays
due to causes not rcssonably foreseeable which are beyond its reasonable commy and without its fault of negligence,
such its of God, acts of civil or mHimry ambodfics, fico mmenal priorities, fires, strikes, flood, epidemics, wars 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 fast received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by rcrson offe delay.
3. WARRANTY.
The Sella wamnts slut all good, marks, materials and work covered by this order will conform with applicable
drawings, specifications, samples andsm other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of rare and compromise in mcmdnce with orceptal standard for work of a
'milar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage in expense which the
Purchaser may suffer or incur on account offe Sellers breach ofwarranty. The Seller shall replace, repair or make
good, without cos, to the pumhaser, my defect or faults arising within one (I) year or within such longer prod of
time as may be proscribed! by law or by the perms of my applicable wesrmy, provided by me Sella afire the date of
acceptance of the good famished ficamnder (acceptance not to k unreasonably delayed), resulting from imperfect
or detective work done or materials famished by the Sella. Acceptance or use of good by the Purchaser shall not
Institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Seller
liability hereunder shall extend to all damages proximmely caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no even, include loss nfprofia or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The ruminator may make changes to legal worts by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to the terms, offer than legal terms, including additions to or deletions from
the quantities originally ordard in the specifications or drawings, by verbal or waned change order. If any such
change affects the amount due in the time ofperformmm hereunder, m equitable adjustment shall be made.
6.TERMINATIONS.
TM Pumhua may at .1 time by are. change oiler, .mina,. this agreement as many or all portions of the
goad then rat shipped, subject o any equitable adjustment between the parties a to any work or materials fen in
program Provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncomplerad
portion offe goad and/or work, for incidenul Or consequential damages, and that no such Mjammm bo made in
favor of the Seller with respern no any goads which m the Sellers standard stock. No such temtimMn shall relieve
the Purchaser or the Seller ofany offer obligations as to any goods delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be averred within may (30) days fmm the date the change or a m intion is
maered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder stall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulators m which the goods arc subject. The Seller shall execute and
deliver such mandems as may be required an elTect or evidence compliance. All laws and regulations requited to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless from all rasa and damages suffered by the Purchaser is a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies due or to become due h rro nda without the
prior writes consent of the other party.
10. TITLE.
The Sella wammu full, clear and utuelricted title a the Pumhaoa Email optimum, materials, aW it. damaged
in performance of this agreram nt, fee add clear of any ad all liens, restrictions, roservations, seconty interest
c mumbranae and claims ofo tars.
The Seller shall release the purchases and its contractors of my tier from all liability and claims of any nature
esulting from the performance ofmch work.
This ml. shall apply exn in the event of fault of negligence of the pony reldev d and shall e.hu d to the
directors, officers road cmployces ofsach party.
The Sellers conmctml obligations, including warranty, shall not M domed to he reduced, in my way, baatow
such work is pert ed or aimed to be performed by the Parchazer.
14. PATENTS.
Whenever, the Sella is requiral to use any design device, material or Irma¢ coveted by later, patent, radial
or copyright, the Seller shall indemnify and are harmless the Purchaser from any, and ell claims for infringement
by main Of the vas of such premed design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cast, expense Or damage which it may be obliged to pay by reason of such
infingement at airy time during the prosecution at alter the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such mil held to constimm 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 said equipment or pans, replace the same with substantially equal but
onlnfnging equipment, or modify it so it becomes marifiringing.
15. MSOLVENCY.
If the Seller shall become insolvent or bankmpq dome m assignment for the benefit of creditors, appoint a
receiver or trustee for any or the Sellers property or Issues, this Order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The defnnirimrs of,. road or the muniqutation of the agreement and the rights ofall trades hereunder shall be
cootrued under end governed by the laws offe Stare of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including fe services of Sellers Representative(s), on the premises ofofers.
17. SELLERS RESPONSIBILITY.
The Sella shall any on said work at Sellers own risk unfit me same is fully completed and accepted, and shall,
to x of any accident, destmetim or injury to the work mi materials heran Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment arc famished by others for installation or erection by the Sclleq the Seller shall receive, unload,
store and handle same at the site and became responsible therefor as though such materials ardor equipment
were being Canonical by the Seller under the order.
18, INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupatrand
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 be done. The Seller
shall also carry comprehensive general liability including, but not limited so, contmmual and automobile public
liability insurance with bodily injury and deaf limits of at least 5300.000 for any one person, S500,000 for any
mar incident and progeny damage him, per accident of S401k0n0. The Sella shall likrwiss require his
contractors. Hmy, to provide for such compensation and insurance. Beth my of the Sellers or his contractors
employees shall do any work upon the Itemises ofofers, the Sella shall famish the P uchaoer with a cenifiwre
that such compensation find insurance have bean provided. Such c nifcata shall specify the date when such
compensation and insurance have been provided Such andficaoms shall specify the date when such compensative
and insurance expire. The Sella agrres that such compensation and insurance shall be mainuira d ua,il aRa the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assume the emir rapmwibility and liability fro any and all damage, loss or injury afuny kind
or Draw whaaoever to perfom Or property caused by or resulting fmm the execution of the work provided for in
this purchase order or in connection herewith. The Sella will indemnify and hold harmles the Purchaser and any
in all of the Purchasers ofras. agena and employees from and regains, any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to Persons or property to which the Purchaxr may
be put or subject by reason Of any ail action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or comractom Officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, Or its afters, agents or employees at any time on account or
by reason of any are, action, neglect, omission or default of the Seller of any of his comrdemrs or any of its or
their i feed, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to
defend the same at the Sellers awn expense, to pay my and ail rasa, charges, atmmeys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Pmchsser or any of its or their oMr.,
agents or rmployres in such suits or other proceedings, and in Gaze judgment or refer lien be placed upon or
Obtained against the property of the Purchase, or said parties in or as a rain, Of soh sum or other proceedings,
the Seller will at more wax the sine m be dissolved and dixhaBnl by giving bond or ofcrwiss. The Sella pad
his contractors shall take all sufay pocauMns, famish sad inmall all guards necessary for the Formation of
accidents, comply with all laws rid regulations with regard to safety, including but withom limitatitn, the
O ampatimad Safety and Health As, of 1970 and all pules and regulations issued pursuant thereto.
Revised 03Q010