HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9141190PO
PURCHASE ORDER 914119er Page
City of PURCHASE
41190 t of z
' `tCollins( This number must appear
V " on all invoices, packing
sli s and labels.
Date: 03/07/2014
Vendor: 496440 Ship To: COMMUNITY DEV & NEIGHBORH
XEROX CORPORATION CITY OF FORT COLLINS
c/o LEWAN & ASSOCIATES INC 281 N COLLEGE AVE
100 S CLINTON AVE XRX240A FORT COLLINS CO 80521
ROCHESTER NY 14644
Delivery Date: 02/20/2014 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Xerox WC5330PT Copier-BI Dept 1 LOT LS 2,000.00
Monthly Lease Payments
for Xerox Work Centre WC5330PT Copier/Printer System, Serial #: AEP920355
Location: City Of Fort Collins - Building Services & Zoning Departments (Building Inspection)
@ 281 N. College Ave., Fort Collins, CO 80524
Lease Term: Sixty (60) months.
Base Monthly Lease Charge: $155.31
Includes: 5,000 B&W prints per month.
All B&W overage prints @ $0.0081 each
Pricing fixed for term of lease.
Per State of Colorado Xerox Price Agreement #: 98526YYY11 M/WSCA,
Lewan & Associates quote dated 12/08/11.
PO Line 1 dollar amount for twelve (12) lease payments ($1863.72) plus estimated print overage charges
($136.28).
For Period: February 1, 2014 thru January 31, 2015
PO# 9120994.
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.mm
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
,. a e. am a WIT.etfiRTF�
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Too Collin is exempt tram state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collmmr of
havngn l Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a).
Goods Rejawd, GOODS REJECTED due to failure to men specifcotione, either when shipped or due to decas of
damage in mnsit may be retuned m you for credit and are not m be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS are subjecOo the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the meoadise, services or equipment in response to this order can result in
authorimd payment me the pan of the City of Fiat Collins. However, it is fo be understood door FINAL
ACCEPTANCE is dependenr upon completion fall .,,liable reemead inspection forecdufo.
Freight Tenn. Shipments most be F.O.B., City of Tom Collins, 700 Wood St., Tom Collins, CO 80522, unless
otherwise specified on Nis order. lfpennission is given to prepay freight ad charge mismarly, the original freight
bill most accompany invoice. Additional charges for Peking will not be accepted.
Shipment Distance. Where manufacturers have dou boring paints in varrimm, pans of the country, shipment is
expected from the nearest distribution Point to destination, and excess freight will be deducted fmm Invoice what
shipments are nude fmm greater distance.
I L NON WAIVER.
Failure of the Purchaser to insist upon strict pcfformmce of the terms and conditions hemor. failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the evem of
breach the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of
any of the wumnties or obligahOM of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon man peR nee hereofor any of its rights or remedies ar to any such goads, regardless
of when shipped, received or accepted, as m any prior or subsequent default Remainder, nor shall any purported
am[ modification or rescission of this Purchase order by the Purchaser operate as a waiver of my of the acrou
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Puchua makers, that in marl ttmwmic practice, o erchmges resulting from antitrust
violations are in fact home by the Puohaser. Theremfore, for goad cause and as considemrion for executing this
purchase order, fine Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquirer) under federal or state amOrmt lass, for such overcharges relating m the panialor goods or servicm
purchased or acquired by the Purchaser pursmnt W this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller t. cornea nonconforming or defedise goods by a date to be agreed upon by the
Purchaser and the Seller, and the Sella hereafter indicates its inability, or unwillingness to comply, the Purchaser
may cause the work to b , perfoaed by the mast expeditious meals, available to it, and the Seller shall pay all
cooks aswcfarm with such work.
Permits. Seller shall pracum at sellers sole cost all necesary, pemrits, certificates and tisanes required by all
applicable laws, regulations, ordinances and rules of the slam, municipality, mmmry or political subdivision where
the wad is performed, in required by any other duly corutilnmd public authority having jurisdiction over the work
Of vendor. Seller further agrees to hold the City of Too Collins M1mmless from and against all liability and loss
incurred by them by reawn of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements,
Authorization. All Pmiu to this contract agree that me repmmotativM art, in fact, hams fide and possess full and
complete authority to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the mma and conditions sorted
herein sec farm end any supplementary or additional mrtns end conditions annexed here,. to incorporated herein by
reference. Any additional or different terms and conditions proposed by miler art objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date a noted. Time is of the essence. Delivery and performance most be elected within the time
stated on the purchase order and the documents attached bate.. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate of a waiver of this provision. In the event of any delay,
the Purchuer shall have, in addition to other legal and equitable remedies, 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 no, reasonably foreseeable which ere beyond its reasonable control and witbo n its fault of negligence,
such acts of God, acts ofdvll or at limry minorities, govemmenutl priorities, fires, strikes, flood, epidemics, wars ar
riols provided that man, of the conditions causing sack 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 data of delivery sholl be
extended for the period equal to the time octal ly lost by reason of the delay.
3. WARRANTY.
The Seller waoants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit I'or the purposes intended, and
performed with the highest degree of care and connpemace in accordance with accepted ,madams for work of a
similar nature. The Seller agrees to hold the purchaser haaless from 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 m the purchaser, any defects at faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of the goads famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Sella. Acceptance or use Of goods by the Purchaser shall no,
onstim e a waiver of any claim under this wnm4nty. Except in otherwim provided in this purchase order, the Sellers
liability hereunder shall extend m all damages proximately caused by the breach of my of %e forcgaing warranties
or grammes, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Puretua may make any changes to the minis. Other than legal temp, including additions to or deletions from
the qu ,are originally om—d in the sperif.nlom or drawings, by verbal or carmen cbange oma. If any such
change affects Ore amount due or the titre of performance hereunder, not equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may a, my time by writed change order, marinate this agreement as to any or all podimea of the
goods then Out shipped, subject 10 any equitable edjustmmt baweat the panics as r. any work or mmenals then in
progress provided that the purcan, shall not be liable for my claims for anticipmed profits on the uncompleted
gamin of doe goods ant work, for incidental or emsequential damages, and that no such adjusment be made in
favor of the Seller with respect to any good which we t1rc Sellers standard stuck. No such mrmi annot shell releae
the Purchuer to the Sella, ofany of their without. as to any good delivered heri
T. CLAIMS FOR ADJUSTMENT.
A, claim fur adjustment must be asserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella amounts that all good sold hereunder shall have been produced, sold delivered and fumishd in stria
compliance with all applicable laws and regulations to which the good art subject. The Seib, shall execute and
deliver such documents as may ba required to elect or evidence compliance. All taws and regulatlom required to the
arecapented in agreements of this chemcter am hereby inampaor led herein by this reference. The Seller agrees to
indemnify and hold the purchaser harmless Soon all costs and damages suffered by the purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party, shall assign, mnsfer, or convey this order, or any monies due or to became due hereunder without the
prior wntm consent .1-the other parry.
10. TITLE.
The Seller warn nts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all line, restrictions, rturvations, security interest
encumbrances and claims of others.
The Sella shall release the Producer and its committees of any Fier, from all liability mid claims of any namm
resulting from the peK nonce ofsuch work.
This relcsse shall apply am in We event of fault of negligence of the party rairsonal and •all exratd to the
directors, oINcers and employees ofsuch party.
The Sellers mntmaual obligations, including commonly, shall not be domed to be reduced, in my way, because
such work is perfnaed or ..it 10 be p rfamd by the Purchaser.
14. PATENTS.
Whenever the Seller is «quirts to use any design, desia, material or pass covered by fmm patent, trademark
Or copyright, the Seller shall indemnity and save harmless the Pumhaer fmm any and all claims for infringement
by reason of the use of such patented 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 renown of such
infringement at my time during the pmsecmion or after the completion of the work. In case said equipment, or
any part thereof or the intended use of the goods, is in such suit held to consulate infringement and the use of
said equipment or Pt is enjoined, the Seller shall, at its own expense and at its option, either procure far the
PurcM1uer the right to continue using said equipment or pans, replace the came with substantially equal but
noninfringing equipment, or modify it an it becomes noninfringing.
15. MSOLVENCY.
If the Seller shall become insolvent or bankrim, make an assignment for the bereft of Valimrs, appoint a
receiver or tatter for any of tine Sellers property Or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions aromas used or the mr,m cation of the agreement and the rights cf all parties hereunder shall be
comar ed under and governed by the laws cribs State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Rep®mn,mve(s), on the premiss ofothers.
IZ SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in Vise of any accident, destruction or injury to the work and/or materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and egoipmem are famished by others for installation or erection by the Seller, the Sella shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being famished by the Seller wider the Omer.
IS. INSURANCE.
The Seller shall, at his awn expense, provide for the payment of workers compact Lion, including ottup ti onal
disease benefits, to its empfoyers employed on or in connection with the work covered by this purchase order,
.Nor to their departures in mcanJonce with the laws of the state in which the ..,it is to be done. The Sella
shall also carry comprehensive general liability including, but not limited to, con uchal end automobile public
liability imorattce xth be ily injury and death limits of at least $3W,000 for any one Person, S500,000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
antracus , if any, to promde for such wmpewtion and ram awe. Bar any of the Sellers of his ..—,a.
employees shall do my work upon the premises of others, the Seller shall fiunish the Purchaser with a afi i0.m
that such compensation and imnrawe have been provided. Such cerifares shill specify the date when such
compermatio t and immanowe Few been pmvldd. Such cenifh.tes shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and i serene mall b, msinmimd until after the
entire work is completed and canri
19. PROTECTION AGAINST ACCIDENTS AND DAMAGFS.
The Seller hereby assumes the entire mspmibiliry and liability fur any ad all daring, loss or injury of any kind
r nature whosoever m persons or property, caused by or resulting fmm the execution orihe work provided for in
his purcase order in in connection herewith. The Sella will indemnify ad field harmless the Purchaser and any
r all of the Purelhzsers officers, agents and employecs fmm send against my and all claims, losses, damages.
charges or expenses, whether direct or Vadirea, out whether to persons or property to which the Purchaser may
be put or subject by eeamn of any act mfim, neglect omission or default on the Pt of the Seller, any of his
contactors, or any of the Sellers or contactors officers, somas or employees. In case any suit or offer
proceedings shall be brought against the Purchuer, or its oflum. agen s or employees at my time an account Or
by rearm of any m4 acfion neglect, omission or default of the Seller of my of his comraaars or my of its or
their officers, age.¢ of employees in aforesaid, the Sella hereby agrees to assume the defense thereof and to
defend the same at the Sellers awn asperse, to pay my and all costs, cluiges, amounts fees and other expenses,
my and all judgments tat may be incurred by or obtained against line PuecM1azer Or my of its or their officers.
agenda or employees in such airs or order proceedings, tad in e=r. jtdgmmt or other lien be placed upon or
obained agairef the property, of the Purchase, or mid parties in or u a result ofsuch suits or other proceedings,
the Sella will at owe sum the same an be disohed and discharged by giving bond or otherwise. The Sella and
his rontmcon shall take dl safety precautions, Finnish and install all gmrds necessary for line prevention of
accidents, comply with all laws and regulation with regard to safety including, but without limitation, the
Occupadtmal Safety and Health Act of 1970 and all rules and regulations round pursuant therefor
Revised 03I2010