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HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9141406Fort Collins Date: 03/06/2014 Vendor: 496440 XEROX CORPORATION c/o LEWAN & ASSOCIATES INC 100 S CLINTON AVE XRX2-40A ROCHESTER NY 14644 PURCHASE ORDER PO Number Page 9141406 1 of 3 This number must appear on all invoices, packing sli s and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS CO 80521 Delivery Date: 03/05/2014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Xerox XC560V Copier Lease Payments for (12) Months 1 LOT LS for Xerox Work Centre WC560V Copier/Printer System with Fiery Server, Serial #'s: XPN388304 (Copier) Location: City Of Fort Collins - Lincoln Center @ 417 West Magnolia Street, Fort Collins, CO 80521 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. State of Colorado Central Services user fee of $.001 per impression wil be billed separately. Line 1 dollar amount for twelve (12) months of lease payments. For Period: January 29 2014 thru January 28 2015 2 Estimated Print Charges for above Xerox Copier 1 LOT LS for Xerox Work Centre WC560V Copier/Printer System, Serial #: XPN395171 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. !yP,4j 'n 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 8,224.08 7,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City of �.For_t Collins PURCHASE ORDER PO Number Page 9141406 2 of 3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price All Color Prints @ $0.0501 each. Pricing fixed for term of lease. Per State of Colorado Xerox Price Agreement #: 98526YYY11M/WSCA, and Lewan & Associates quote dated 05/18/12. Line 2 amount for twelve (12) months estimated total Print charges. For Period: January 29, 2014 thru January 28, 2015 Replaces 2013 PO# 9130619. 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 W-] Invoice Address: 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 examxime, By stmme the City of Fiat Collies is exempt from sate and local taxes. Our Exemption Numbs is 98-04502. Exhaust Excise Tax Exemption Court of Registry, 84-6000587 is registered with the Collector of hummal Revenue, Dmvm C.Imadet (Ref Colorado Revised Stara 1973, Chapter 39-26, 114 (a). Goods R jected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to de&ds of damage in transit, may ba atumed to you for credit and are not to be replaced except upon receipt of wrinw iruunions Gam the Ciry of Pan Collins. Inspmtion. GOODS are subjmt to the City of Fon Collins impaction on arrival. Final Acceptance. Receipt of the merchandise, senices or equipment in response to this order con result in authorized payment on the µn of the City of Fen Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Too Collins, 700 Wood St, Fog Collins, CO 80522, unless otherwise specified on this order. If permission is given m prepay freight and charge separately, the original freight bill must accompany invoice, Additional charges for packing will not be accepted. Shipment D,dence. More manufacturers have dimibuting points in van us pans of the country, shipment is exported four rise rmrea distribution point to destination, and excess freight will be dductW from Invoice when shipments we made fmm greater distance. Permits. Seller shall procure at sellers sale cost all necessary, permits, certificates and licenses required by all applicable laws, regulations, ordinance, and rules of the sate, municipality, fougm, or political subdivision where the work is pM rated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller higher agrees to hold the City of Fan Collins harmless fmm and against all liability and has incurred by them by reason of an assured or established violating of any such laws, mr, latiom, ordinances, rules and orgairemenrs. Authorization All panics to this contract agree that the representatives are, in fact, bona fide and possess hill and complete anthoriry to bind said panics. LIMITATION OF TERMS. This Purchase Oder expressly limits accordance to the terms and conditions staid Login set forth and any supplementary or addificasal arms and conditions annexed hereto or incorporated herein by reference. Any additional or dffferernt terms and emWitions proposd by sollorare objecmd mind moray rejedxh- 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately iffe. moral make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance mot be affected within the time stated on the purchase order and the documents attached heroin. No acts of the Purchasers including, without limitation, acceptance of p ar ial late deliveries, shall operate as a waiver of this provision. In the event cf any delay, the Purchaser shall have, in addition to other legal and equitable rnnedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reamnable control and without its fault mnegligence, such acts of God, ace of civil or military authorities, governmental priorities, fires, indoor, Good, epidemics, wars or riots provided than notitt of the conditions rousing such delay is given to the Purchaser within five (5) days of she lime whom $e Seller fur received knowledge thereof In the went army such delay, the data of delivery shall be extended for the period equal to the time actually bat by reason ofthe delay. 3. WARRANTY. The Seller wisong, that all goods, articles, matcoal& and work covered by this order will confirm with applicable drawings, specifications, smnples and., other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards far work of a similar notare. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchases may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost nr she purham¢ any defects of faults arising within one (1) year or within such longer period of time ns may W pmcribui by law or by the tams of any applicable warmly provided by the Seller aRer the dare of acceptance of the goods fumishd hereunder (acceptance rat to be anreammably delayed), molting from imperfect or defective work done or materials fumishd by the Sells. Acceptance or use of goods by the Purchaser shall not connotes, a waiver of any claim under this waggery. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to aI I damages proximately mused by the breach of any of the foregoing warranties or guarantees, but such liabil fry shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI [ALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Puahmer may make any, changes to fe terms, other than legal terms, including edition. to or delmions from the quantities originally ordered in the sEmifica ions m drawings, by verhal or warning change order . If any such change affects the amount due or the time ofperfotmance hemunder, an equitable adjustment shall to, made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all pomioos of the goads then not shipped, subject to any equitable adjustment between the parties as to any work or materials fen in progress provided that the Pinch,— shall net be liable fur :my clafns for agincowled p,.his on (lie uncompleted portion tribe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor afire Seller will «spec ,, any goods which are the Sellers standard stock. No such lamination shall relieve the Purchaser or fie Seller ofeny affair obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjuammt must be essmad winning thins (30) days from the date the change or termination is ordered. X. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strid compliance with all applicable lows and regulations to which the goods are subject, the Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required in be incorporated In agreements of ifs character are hereby incorporated Return by this reference The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failu« to comply with such law. 9. ASSIGNMENT. Neither party, shall assign, transfer, or convey this order, or any monies due or a become due hereunder without the prior wort. consent of the other party. 10. TITLE. The Seller warrants Bill, clear and unresmiewd title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims oration, I L NON WANER. Failure of the Purchaser to iaaisl upon strict performance of the to. and codifons hereof, failure or delay to exercise any rights or remedies provided begin or by law, failure to promptly notify fine Seller in the event of a brunch, the acceptance ofor payment for goods bereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shml I not be deemed a waiver of any right of the purchaser to insist are. strict pnfoomeme hereof or any of its rights or remedies as to any such ... ds. regardless of when shipped, gamived or accepted as to any prior or subsequent default hereunder, nor shall any purported anal modifcation or rescission of this purchase order by the Purchaser operate as a waiver of any of the cans hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Punctaor recognize that in actual m gm is practice, n archarresulting from antitrust violations arc in fact home by the Purchaser. Theresofine,for good cause and as coraidemtion for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under fxheml or state antitrust laws for such overcharges relating to the particular goods or services purchased or regmirxh by the Purchaser pursuant to this purchase order. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS, Ifthe Purchaser directs rise Seller to corrmt nonconforming or defettive goods by date to be agreed upon by the Purchaser and the Seller, and fc Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and rha Seller shall pay all costs sessommd wire such work. The Seller shall release the Purchaser and in contractors of any her from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsmch party. T he Seller's contractual obligations, including warranty, shall nd be deemed to be Hucxh, in any way, because such work is performed or caused to be performed by the Purchase. 14. PATENTS. Whenever the Seller is required 1. use any deign, device, matelot or pruttso covered by Ionic, potent, trademark or copyright, the Seiler shall indemnify and save harmless the Purchaser from any and all claims far infringement by reason of the use of such patented design, device, material or process in coanement with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it maybe obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use ref the goods, is in such suit held to constitute infringement and the me of said egn intent or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equlrmmn or puns, replace the same with subaamially equal but nonieffinging equipment, or mdify it so it becomes uncommitted, I S. INSOLVENCY. If the Seller, shall becoma insolvent or bankrupt, make an assignment him the benefit of credimrs, appoint a ewer or austm for any of ffe Sellers property or business, this oNer may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and the rights of all rumors hereunder shall be seasoned under and governed by the laws of the State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representanive(s), on be premise, ofmitio s. ❑. SELLERS RESPONSIBILITY. The Seller shot] carry, oa said work at Seller's awn rok..,it the same is fully romplmd and accepted, good shall, in au of any accident, destruction or injury to the work and/or matedals before Seller's final mmpleim and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are fumishd by offers for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor ms though such materials andtor equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, an his own expense, provide for the payment of workers compensation, including occupational disease benefa, to its employees employed on or in connecting with the work covered by this purchase order, and/or to their depedenrs in accordance with the laws of the state in which the work k to be done. The Selln shall aim carry mmprehetsima general liability including, but not limited to, commetual and automobile Public liability insurance wit bodily injury and death limits of. least 5300,000 for any one person. S500,000 for any one accident and pmEmor damage limit par accident of S400,000. The Seller shall likewise require his contactors, if any, to provide for such compensation and insurance. Before any off, Sellers or his contractors employees shall do any work upon the premises of often, the Seller shall famish the Pardoner with a cenifcate that such compensation and insurance have been provided. Such cenifcates shall specify the from when such compensating and insurance have been provided. Such cedifiwtes shell specify the date when such co a mention m I insurance ek,.— The Seller gam. him such compensation and insurance shall be maintained until after the emfre work is completed and accepted 19. PRO] ECI"]ON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility aed liability for any goal all damage, loss or injury ofeny kind or nature whatsoever to Parsons or property mu¢d by or molting from the execution offs work provided fir in this purchase order or in connection herewith. The Seller will indemnify and hold harmless fie Purchaser goal any r all of the Purchsom officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to remains or property to which the Toothsome may be pm or subject by reason of any an, action, neglect, omission or defull on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Puriumeq or its officers, agents or employees at any time on account or by reams of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seiler hereby agrees to assume the defers, thereof and to defend the same at the Sellers own expense, m pay any and all rests, charges, at.,, fees and ofer expnues, any and all judgments dust may he incurred by or obtafed against the Puchaser or any of its or their offices, agents or employees in such suits or other pga ommin, and in case judgment err ofer, dim be placed upon or obtaind agairut the property of the Purchase, or said parties in or as a mutt of such suits or offer proceedings, the Seller will at cants as. fie same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall Site all safety precautions, fiunish and ifsall all guards necessary for the prevention of accidents, comply with all laws and regulations with mead to safely including, bur without fientation, fe Occupational Safety and Health Act of 1970 and all pales and regulations named pursuant thereto. Revised 03I2010