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HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9141692Fort Collins Date: 03/21/2014 Vendor: 496440 XEROX CORPORATION c/o LEWAN & ASSOCIATES INC 100 S CLINTON AVE XRX2-40A ROCHESTER NY 14644 PURCHASE ORDER PO Number Page 9141692 1of3 This number must appear on all invoices, packing sli s and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 03/21/2014 Buver: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Xerox W7545P Copier Lease Payments (12 Mos.) 1 LOT LS for Xerox Work Centre WC7545P Copier/Printer System, Serial #: TBD Location: City Of Fort Collins - Environmental Services @ 215 N. Mason St., Fort Collins, CO 80524 Lease Term: Sixty (60) months. Total Base Monthly Lease Charge: $172.09 Includes: 10,000 B&W and 250 Color prints per month. Per State of Colorado Xerox Price Agreement #: 98526YYY11M/WSCA, and Lewan & Associates quote dated 11/21/12. Line 1 dollar amount equals twelve (12) months of lease payments. For Period: March 1, 2014 thru February 28, 2015 State of Colorado Central Services user fee of $.001 per print will be billed separately. 2 Estimated Print Charges W7545P Copier It 2 Mos. ) 1 LOT EA for above Xerox Work Centre WC7545P Copier/Printer System, Serial #: TBD 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 #: 98526YYY11M/WSCA, and Lewan & Associates quote dated 11/21/12. 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 2,065.08 2,734.92 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 914169er Page City of PURCHASE 9141692 2 of 3 ' `tChis number must packing ` Collins` 1 1 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price State of Colorado Central Services user fee of $.001 per print wil be billed separately. PO Line 2 for twelve (12) months of estimated print cost. For period: March 1, 2014 thru February 28, 2015. 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@fogov.wm 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 statute the City of Fort Collins is exempt from mile and local taxes. Out Exempfon Number u 11. NONWAIVER. 9g-Ib502. Federal Excise Tax Exemption Certificate of Registry 84fi0005S7 is registered with the Collector of Failure of the Purchaser to insist upon stria pert re of the terms and conditions hereof, failure or delay to Jnlemal Revenue, Denver, Colorado (Ref. Colorado Revised Swutes 1973, Chapter 39-26, 114 (a). mervive any rights or remedies provided herein or by law, follow b p.Pit, rmtify the Sella in flue runt of a breach, the aceeptams of or payment for good hereunder or approval ofthe design, shall not ml. the Seller of Good Rejected. GOODS REJECTED due to failure m roes specifications, either when shipped or due an defects of any of the wormartis or obligations of Nis purchase order and shall not be dremcd a waiver of any right of dre damage in named, may he renamed to you for credit and are not to be replaced except upon receipt of carmen purehawr to insist upon smct p nclumnmre her mfor any of its rights or remedies as to my such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to my prior or sulaccal default hercurster, nor shall my pmporred am[ modification or rescission of this purchase order by the Purchuer operate as a waiver of my of the rem¢ Inspation. GOODS arc subject o the City of Tom Collins impa9on on unreal. hereof. Fr..) Acceptance. Receipt of the merchandise, services or equipment in response to this order can result to 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fon Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable raluired inspection procedures. violations are in fact home by the Purchaser. Theretofore, fogood cause and in consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tema. Shipments ..at be F.O.B., City of Fun Collins, 700 Wood Sr, pan Collins, CO 80522, unless acquired under federal or amte antitrust laws for such overcharges relating to the Particular goods or services otherwise speci fd on this order. If prcurnion is given to Prepay freight lout charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bit must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGAT IONS. Shipment Distance. Where manufacrurcrs have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller o correct nonconforming or detective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seiler, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to tv Performed by the most expeditions means available to it, and the Seiler shall pay all casts associated with such work. Permits. Seller shall procure at sellers sale cost all ration, prnnin, ceni&roes and licenses required by all applicable laws, regulations, ordinances am rules of the state, municipality, territory or political subdivision when On, work is performed, or required by any other duly constituted public authority having jurisdiction over the weak of vendor. Seller father agrees to hold the City of Fort Collins hornless from and against all liability wall lass incurred by them by reason of an started or established violation of my such laws, regulations, ordinances, roles and rcquimnerm. Authorimtim. All panic to this contract agree that the representatives are, in fact haw fit, and possess full and complete aulllonly to bid said Poona. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance 1. the terms aM conditions smtd herein so forth and any supplementary or additional terms and conditions annexed hereto or incoryomt d herein by reference. Any additional or different terns and conditions proposed by seller arc objected to and brreby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately ifyuu cannot make complete shipment to artier, on your promised delivery date as noted. Time is ONE, essence. Delivery and onfurmunce must be effected within the time stated on the pn chin order and the documents attached hereto. No acts of the Purchnsers including, without limitmioq acceptance ofpanal late deliveries, shall operate as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition to other legal and equitable remdirs, 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 reasonable control and without its fault ofeegligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or mus provided that notice of the conditions causing such delay is given to he Purcbaxer within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the punad equd m the time actually leer by reason of the delay. 3. WARRANTY. The Seller avows that all good, articles, marmak and work covered by this order will conform with applicable drawings, spaifcatims, samples mdror other descriptions give, will be fr for de purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hornless from my loss, damage or expense which the Purchaser may sulRr or incur on account of the Sellers breach of waremry. The Scller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by she terns of my applicable warranty provided by the Seller after the date of acceptance of the goods furnished hemoder (acceptance not to be unreaurebly delayed), resulting from imperfect or defective work done or materials Famished by the Seller. Acceptance or use of goods by the Purchaser shall not consumer a waiver of any claim under this warranty. Except m otherwise provided in this purchase coder, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no error include loss ofpmfts or loss 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 waiven change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make nay changes to the terms, other than legal terms, including additions to or deletions from the quantitirs originally ordered in the specifications or dmwings, by verbal or written change order. If any such change Offers the amounr due or the time ofpci fonnance hereunder, an muitable djumounit shall be rode. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement as m my or all pardons of the goods then not shipped, subject to any equitable adjustment between the parties ss to any work or materials then in Rooms provided that the Purchaser shall rot be liable for any claims for anticipated profs on the unmmpletd portion of the good andror work, for incideaml or consequential damages, and that no such djuament be made in favor of the Seller with respect to my gods which ore the Sellers staMaN stock. No such emdmtion shall relieve the Purchaser or the Seller ofery oftheir obligations as to my goad delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or emnimtion is mdrred. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict ompliance with all applicable laws and regulations to which the gseds are subject The Seller shall execute and deliver such documents as maybe required to effect or evidence c naplance. All laws and regulations requird to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damage suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pang shall assign, transfer, or convey this order, m any monies due or to become due hereuMer without the prior wdmen consent of the other parry. 10. TITLE. The Seller warrants full, clear and unreal mml coleto the Purchaser for all equipment materials, and items houseboat to fififfivainest of this agreement, ( end them of any and all tiers, restrictions, reaelw94ons, savory interest eacumbrances and claims ofolo rs. The Seller shall relraw the Purchaser and is contactors of any tin from all liability most claims of any nature resulting from the performance of such work. This releate shall apply even in the even of fault of negligence of the any mleased and shall extend to the directors, officers and employers crouch pony. The Sellers contractual obligations, including wananry, shall not be deemed to be reduced, in my way, beczuw such work is performed or caused in be performed by the Purchaser. 14. PATENTS. )VI a treca the Seiler 6 regaiml to use any design, device, material or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inRngemem 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 cost, expense or damage which it may be obliged to pay by season ofmch infringement at any time during the prosecution or after the completion of the work. In caw said equipment, or any pun thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoind, 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 more with substantially equal but noninfringing equipment, or modify it so it becomes no vind aging. 15. INSOLVENCY. If the Seller shall became insolvent or banknra, make m msignment far the benefit of creditors, appoint a miniver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Porchuer without liability. 16. GOVERNING LAW. The defnitiom of tram used or the ineryreutim ofdre agreement and die rights of all parties brreuMer shall be ..",it under good governed by the laws of the State ofColorado, USA. The following Additional Conditions apply only in costs where the Seller is to perform work hereunder, including the ursicrs of Sellers Repre samice(sh m the premiss.fathers. 17. SELLERS RESPONSIBILITY. The Seller shall wry on mid work at Sellers own risk mail the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work and/or materials before Stiles final completion and ecepomm. complete me work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials sacker equipment were being fumishd by the Seller under the order. IS. INSURANCE, The Seller shot, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase orde, anchor to their dependents in accordance with the laws of the ware in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and aummobile public liability insurance with bodily injury and death limits of at least 5300,000 for any am Person, S500,000 for my accident and property damage limit Per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and mumance. Before any of the Sellers or his contractors employees shall do my work upon the premiss of others, the Seller stall fumuh the Purchaser with a certificate Out such companation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have hoer provided. Such certificere i shall specify de dart whim such compensation and insurance expires. The Seller agrees that verb -.,—do. too insurance shall be maintained until after the main, work is completd ad acceptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby .,a. the entire responsibility and liability for may and all damage, loss or injury ofmy kind or nature whosoever to perwns 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 or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or inherit, and whether to pawns or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pat of the Seller, my of his contractors, or any or the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be bmught against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officer, agents or employees as aforesaid, the Seller hereby agrees to mmme the defense fermf and to defend the same at the Sellers own expense, to pay my and all costs, charges, vuameys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employers in such suits or other proceedings, and in rase judgment or other lien be placed upon or obtained against the Tommy of the Purchaser, m said parties in or as a result rush suits or other p.cedi.,, the Seller will at once cause the more to M dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, bunish and install all guilds nxesury for the prevention of accidents, comply with ell Lives and reguat e. with regard to safety inclaim" bur without limiroim, the Occupational Safety and Health Act of 1970 and all roles ad regulations is dpurstw, another Revised 03R010