HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9141437Fort Collins
Date: 03/07/2014
Vendor: 496440
XEROX CORPORATION
c/o LEWAN & ASSOCIATES INC
100 S CLINTON AVE XRX2-40A
ROCHESTER NY 14644
PURCHASE ORDER
PO Number Page
9141437 1of3
This number must appear
on all invoices, packing
sli s and labels.
Ship To: MULBERRY POOL (INDOOR)
CITY OF FORT COLLINS
424 W MULBERRY
FORT COLLINS CO 80521
Delivery Date: 03/06/2014 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Xerox W7220P Copier
Monthly Lease Payments-12 Mos.
1 LOT LS
1,148.04
for Xerox Work Centre W7220P Copier/Printer System. Serial #: TBD
Quantity: One (1)
Location: City Of Fort Collins - Mulberry Pool @ 424 W. Mulberry, Fort Collins, CO 80521
Lease Term: Sixty (60) months.
Total Base Monthly Lease Charge: $95.67
Includes: 2,000 B&W and -0- Color prints per month.
Pricing fixed for lease term.
Per State of Colorado Xerox Price Agreement #: 98526YYY11M/WSCA,
Lewan & Associates Proposal dated 01116/14, and Xerox Lease Agreement signed 03/06/14
Includes trade-in of one (1) Sharp ARM35ON Copier, Serial # 3502532X.
State of Colorado Central Services user fee of $.001 per print wil be billed separately
PO Line 1 for twelve (12) months of Base Lease Charges.
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
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, Fart Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9141437 2of3
This number must appear
on all invoices, packing
sli s and labels.
nuc
Line Description ulueuury Ordered UOM Unit Price Price
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.
2 Estimated Print Charges
for Xerox W7220P Copier
1 LOT LS
350.00
for Xerox Work Centre W7220P Copier/Printer System. Serial #: TBD
Location: City Of Fort Collins - Mulberry Pool @ 424 W. Mulberry, Fort Collins, CO 80521
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.
Covers: Consumable Supplies, Service, Parts and Labor.
Pricing fixed for lease term.
Per State of Colorado Xerox Price Agreement #: 98526YYY11M/WSCA,
Lewan & Associates Proposal dated 01/16/14, and Xerox Lease Agreement signed 03/06/14.
PO Line 2 amount for twelve (12) months estimated total Print Overage charges
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
Total
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
1. COMMERCIAL DETAILS.
Tax exemptions. By smote the City effort Collins is exempt from state and local taxes. Our Exemption Number is
98-OaS02. Federal Excise Tax Exemption CmiOcare of Registry 84-6000589 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a).
Goods R jetted. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in tmnsit, may be mtumed Ie you for credit and art na, to be replaced except upon receipt of winners
instructions from the City of Fan Collins.
Inspection. GOODS are subject to the City of Fort Collins insptttioa on amval.
Final necepome. Receipt of the merchandise, smica or equipment in response to this order can result in
authatiud prymrn, on the pan of the City of Fan Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion ofail applicable acquired inspection procedures.
Freight Tents. Shipments most be F.O.B.. City of Fort Collins, 700 Woad St., Fon Collins, CO 80522, unless
otherwise specified on this order. If remission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional char,. for parking will not be accepted.
Shipment Distance When manuf Curers have distributing paints in various pans of the country, shipment is
expected from the nearest distribution point to destitution, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall prstcure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory, or Political subdivision where
the work is performed, or ace drel by any other duly constituted public authomy havingjunsdiction over the work
of vendor. Seller further agrees to hold the City of ran Collins harmless from and swains, all liability and loss
incurred by them by reason .Prat asserted or established violation of any such laws, regulations, ordinances, roles
.ad rmuiremenn.
Authonmrbmm. All punier to this contract agree that the minessuarm.. era, in fact bona Ode a,td possess fill and
complete authority to bind said panics,
LI M ITA'I ION OF TERMS, This Is onew Order expressly Omits acceptance to the tenor and veadams stated
herein set Sant and airy mppleawan ry ,, additional mmis and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected o and hereby m led.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery data as round. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached Instant. No acts of the Purchasers including, without
limitmion, acceptance of genial lute deliveries, shall operate as a waiver ofthis provision. In the event ninny delay,
Om Purchaser shall base, is addition o other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays
due to causes not mamwbly foreseeable which ate beyond its reasonable control and without its fault of negligence,
such acts of Ga. acts ofcivil or military somnolent, goventmen al priorities, fires, mike, Boot, epidemics, wars or
fiats provided that notice of the conditiom causing such delay is given to the Parchment within five (5) days of lye
time when the Seller fast received knowledge thereof In the event army such delay, the date of delivery shall he
extended for the pefiwl cyml to the time actually Just by meow. ofile delay.
3. WARRANTY.
The Seller warrants that all good, motel., materials and work covered by this order will eanform with applicable
drawings, specifications, samples anko, order descriptions given, will be fit for the puryosrns intended, and
performed with the highest degree of care and compcterae in accordance with accepted standard far work of a
imilar nature. The Seller agrees to hold pe paabaser harmless fmm any loss, damage or expense which the
Purchaser may suffer or incur on account of lye Sellers breach of wwmnty. The Seller shall replace, repair or make
good, without cost to the purchase. any defects a faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terns of my applicable wamanty provided by the Seller after fire date of
acceptance or the good famished hereunder (acceptance not he unreasonably delayed), resulting from imperfm
or defective work done or materials famished] by the Seller. Acceptance or use of goads by the Purchaser shall act
commune a waiver of any claim under this warranty. Except as otherwise provided in this purehzss, order, The Sellers
liability hereunder shall extend to all damages proximately caused by fire breach of any of the foregoing warmmims
or guarantees, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser cony make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL PERMS.
She purchaser may make any changes to the terms, other than legal terms, including additions to or deletions firm
the quantities originally ordered in the specifications or drawings, by verbal or women change order. If any such
change afraid, the amount due or the time of l crimmunce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then nor shipped, subject to may muioble adjustment between the parties as to any work or materials then in
,m,rc x Provided that the Puchmer slmll net be liable for any claims for anticipated profits on the uncompleted
portion of the goods wiper work, for ineidenlal or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or due Seller nfany oftheir obligations m to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjusment must be asserted within thimy (30) days from the date the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller xvrmms that all good sold hereunde, shall have been produced sold delivered and furnished in inner
.,lisp" with all applicable haws and regulations to which the goods am subjeel. The Seller shall execum and
deliver such documents as may he required to effit or evidence compliance. All laws and regulations required to be
ncorpormad in agacemenm of pis chamaer are beat incorporated herein by this reference. The Seller agora I.
indemnify and hold the Purchaser hamaless fmm all cons and damages sufered by the Purchaser as a ..If of see
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pray, shall auign, transfer, or convey this order, or my monies due or to become due hereunder whImul the
prior wtlmen consent of the opef party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clew of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
I I.NONWAIVER.
Failure of the Puaderm, to insist upon ame, performance of pe terms and enndinoas hereof, faiure or delay to
exercise my rights or remedies provided herein or by law, failure to promptly notify lye Seller in the event of a
breach, the acceptance arm payment far goods hereunder or approval ofile deign, shall not release the Seller of
any of the newsman or obligations of this purchase order and shall not b , domed a waiver crony right of the
purchaser to insist upon sent performance hereof or any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pmponed
ore] modification or rescission of this pumhne order by the Purchaser operate as a waiver of any of the remts
hector
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize That in actual economic practice, onscombarmos resulting from It.,
violmions are in fact home by the Purchaser. Theretofore, for good cause and as comide er on for cant iag this
purchase order, me Seller hereby assigns as the Putchaur any and all claims it may now have or h<rea0e,
acquired under federal at state antitrust laws for such overehargni relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OP SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to conect nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller theretifter indicates is inability of unwillingness to comply, the Purchaser
may cause the work to he performed by the most expeditious meats available W it, and the Seller shall pay all
cons awnsimN with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any return
reaching from The performance ofsuch cook.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, o0icers and employees of such puny.
no Sellers a mtmcmol obligations, including warranty, shall not he deemed to be reduced, in any way, because
such work is perronned or caused ro be performed by the Purchaser.
14. PAT EN r S.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save hamiless the Purchaser from any and all claims for infringement
by reason of the tee of such rumored design, device, material or process in connection with the comae, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the promotion or after the completion of the work. In cuss said equipmem, or
any pan inexact or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment ar pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the eight to continue using said equipment or pans, replace the same with substantially equal be,
—infringing equipmem. or modify it so it becomes nodnfnnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a
miniver or trustee for any of the Sellers property, or business, this order may forthwith he canceled by the
Puchaser without liability.
16. GOVERNING LAW.
The definitions oftems used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be
command under and governed by the laws affair State ofColamdo, USA.
The following Additioal Conditions apply only as cassax scheme the Seller is to perfomt work hereunder,
including the semen of Sellers Rap varmalire(s), an see premises ofopers.
12. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellds own risk until the sane is Rally completed and terrified, and shall,
in use of any medical, destruction or injury to the work tinker comments before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When =aerials
and equipment are famished by others for installation or criterion by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials tanker equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment ofworkers compensation, including accupatiotal
disease benefits, to is employee, employed no or in connection with the work covered by this purchase order,
maker to their dependents in accordance with the laws of the see in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with Imlily injury and death limits of at [cast 5300,000 for any one person, 5500,400 for any
one accident and property damage hour per accident of 5400,000. The Seller shall likewise require his
ontnaturs, if any, In provide fir such compensation and insurance Before any of the Sellers or his emarmox,
employees shall do any work upon the premiss of others, the Seller shall famish the Purchase, with a cenif erne
unit such enmpemmim and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided Such comfiect. shall specify the date when such compensation
and is eapirea The Sellerngrees that was compensation and i maser shall be maimained can after the
entire work is completed and accepted.
19. PROTECTION AGAINST' ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability her any and all damage, loss or injury nfany kind
or nature whatsoever to persons or property caused by or resulting from see execution arum work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, uterus and employees from and against any and all cairns, loss., damages,
charges or expenses, whether dinner or indirect, anti whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on see pan of see Seller, any oils
contactors, or any of the Sellers or contractors afters, agents or employe.. In eau any suit or other
proceedings shall be brought against the Purchasea, or its ofcars, agents or employees at any time m account or
by reason of any rat, action, neglect, omission err default of the Seller of any of his commcmrs or any of its or
their officm, agents or employees as eforessid. the Seller hereby agrees to aware the defense persof artd to
defend the same at the Sellers own expense, to pay any and all cosy, charges, moseys fees and other expenses,
my and all judgments pat may be incurred by or showed against the Purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, ad in case judgment or other lien be placed upon a
obtained against he property of the Purchaser, or said parties m or. a rat of such suit or other proceedings,
see Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and
his commodity shall take all safety precautions, famish and usull all gmrd necessary for the prevention of
accidents, comply with all laws most regulations with regard to safety including, bur without limiotion, the
Occupaioml Safety and Health Act of 1970 and all rules and regulations issued purstunr thereto.
Revised 03R010