HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9142147Fort Collins
Date: 04/1612014
Vendor: 496440
XEROX CORPORATION
c/o LEWAN & ASSOCIATES INC
100 S CLINTON AVE XRX2-40A
ROCHESTER NY 14644
PURCHASE ORDER
PO Number Page
9142147 1 of 3
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: 04/15/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Xerox WC775P Lease & Print
ChargesDept(CMO)Portion-12 Mos
inSei�ll
4,050.00
for Xerox Work Centre WC7775P Copier/Printer System, Serial #: RFX355587.
Location: City Of Fort Collins - City Managers Office (CMO) @ 300 LaPorte Ave.,
Fort Collins, CO 80521
Lease Term: Sixty (60) months.
Total Base Monthly Lease Charge: $282.68
Includes: 35,000 B&W and -0- Color prints per month.
All B&W Prints over 35,000 @ $0.0067 each.
All Color Prints @ $0.0602 each.
Covers: Consumable Supplies, Service, Parts and Labor.
Per State of Colorado Xerox Price Agreement #: 98526YYY11M/WSCA, Lewan & Associates quote dated
11/26112, and Lease Agreement signed 11/30/12. Pricing fixed for term of lease.
PO Line 1 dollar amount for department (CMO) portion (50%-$1,696.08)) of twelve (12) months of Base Lease
Charges ($3,3392.16), and (50%-$2,353.92) for twelve (12) months of total estimated Print Charges ($4,707.84).
State of Colorado Central Services user fee of $.001 per print will be billed separately.
Replaces PO# 9126118.
2 Xerox WC775P Lease & Print
ChargesDept(EHO)Portion-12 Mos
1 LOT LS
4,050.00
for Xerox Work Centre WC7775P Copier/Printer System, Serial #: RFX355587.
Location: City Of Fort Collins - City Managers Office @ 300 LaPorte Ave., Fort Collins, CO 80521
Lease Term: Sixtv (6M months.
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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9142147 20f3
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
Total Base Monthly Lease Charge: $282.68
Includes: 35,000 B&W and -0- Color prints per month.
All B&W Prints over 35,000 @ $0.0067 each.
All Color Prints @ $0.0602 each.
Covers: Consumable Supplies, Service, Parts and Labor.
Per State of Colorado Xerox Price Agreement #: 98526YYY11M/WSCA, Lewan & Associates quote dated
11126/12, and Lease Agreement signed 11/30/12. Pricing fixed for term of lease.
PO Line 2 dollar amount for department (EHO) portion (50%-$1,696.08)) of twelve (12) months of Base Lease
Charges ($3,3392.16), and (50%-$2,353.92) for twelve (12) months of total estimated Print Charges ($4,707.84).
State of Colorado Central Services user fee of $.001 per print will be billed separately
Replaces PO# 9126118.
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 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.
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 3 of 3
1. COMMERCIALDEPAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a).
Goads Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of
danmge in Imnsit, may be resumed a you for credit and are tut to be replaced except upon nwcipt of wrinen
,..at,. from the City of Fort Collins.
Inspection. GOODS am subject to the City of Fon Collins inspection oa serval.
Final Acceptance. Receipt of the merchandise, services or quipment in response to this order can result in
omhorized payment on the part of the City of Pon Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Too Collins, CO 80522, unless
ahrruise s,wifid oa this oNer. Upermission is given to prepay right and charge separately, the migi al freight
bill must accompany invoice. Additioml charges for parking will vim be acrepted.
Shipment Distance. Where manufacturers have distnbeling points in no us parts of the country, shipment is
expected from the nearest distribution petit to destination, and excess freight will be dductd from Invoice when
shipments arc mode from greater distance.
Permits Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all
applicable lax,, regulation, odinonces and tales of the state, municipality, mmtory or political subdivision where
the wok is performed, or required by any other duly constituted public authority having jurisdiction ova the wok
of vender. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and lass
incurred by them by reason awned
of an or established violation of any such laws, multistat
e, ordinances, tales
requirements.
Authorization All panics to this contract agree that the representatives are, in fact, bona Fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expfessly limits acceptance ID the moms and conditions sated
herein set forth and any supplementary or additional terms and conditions wnneed hereto or incorpoated herein by
referme, Any additionl of dilrerenurrtrts aW cmdiliom proposed by seller are objected 1t and hareby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyw cannot make complete shipment to arri on your
Promised delivery data as noted. Time is cf the teariaw. Delivery and performance must be effected within the time
,rated oa the purchase oNer and the documents attached hereto. No sets of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event crony delay,
the Purchaser shall haw, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, file Seller shot[ not he liable for damages ran a result of delays
due in trusts not reasonably foreseeable which arc beyond its reasonable central and without its fault of negligence,
such acts ofGW, was ofcivil or military aurhoities, prommenval priorities, fires, strikes, Bond, epidemics, wars or
riots provided Out notice of the conditions coming such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of very such delay, the data of delivery shall be
extended for the period equal to the time actually beer by reason ofthe delay.
3. WARRANTY.
The Seller warants that all goads, artldes, mmaiAs and work coverall by this oNer will conform with applicable
drawings, specifications, samples andror other descriptions given, will So fit for the purposes intended, and
performed with the highest degree of cart and competence in accordance with acceptd standards for wok of it
similar nature. The Sella agrees m kid the purchaser harmless from any loss, damage or expense which the
Purchasm may sufferer barren account milk Sellers breach of warranty. The Sella shall replace, repair or make
good, without cost to the purchown. any defects or faults arising within one (U year or within such longer paid of
time as may he prescribed by law or by the terms of any applicable warranty provided by the Sella after the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperial
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchuer shall oat
institute a waiver of any claim under this warrmly. Except as otherwise provided in this purchase order, fire Sellers
liability hereunder shall extend to all damages proximately annual by the breach of any of the foregoing warrant es
or guarantees, but such liability shall in no event mature lass of profits or loss of vise. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
C CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal corms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal Lama, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time of performance hereunder, an equitable adjustment aell be made.
6. TERMBVATIONS.
The Purchaser may in any time by written change organ terminate this agreement as to any or all Famous of the
goods then not shipped, subject to any quitable Wjustment between the pries an to any work or materials then in
progress provided non the Purchaser shall not be liable for any claims for anticipated prints on flit uncompleted
portion ofthe goods anrkor wok, for incidental or consequential damages, and that no such adjustment he made in
favor ofthe Seller with respect to any goods which arc the Sellers standard sleek. No such terromen m shall relieve
fire Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adiustmenl most he asserted within thirty (30) days from the date the change or termination u
ordered
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, said, delivered and burnished in smen
compliance with all applicable Laws and regulations to which the goods are subject The Seller shall execute and
deliver such documents as may he mounted to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character arc hereby incorporated herein by this referener. The Sella agrees to
indemnify and hold the Purchases M1mmless rut ell cost and damages suffered by the Purchaser u is result of the
Sellers failure to comply with such law.
9. ASSIGNMENr.
Neither party shall resign, transfer, or ctrmwy this order, or any monies due or to become due hereunder without the
prior w anon consent ofthe other party.
10. TITLE.
The Seller warrants hall, clear and unrestricted lisle to the Parcluser for all equipment, materials, and items mortified
in performance of this agreement. Gee and clear of any and all If., paramount, reservation, secunty hteresl
mcumbreoces and claims ofothers
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Sella of
any of the warranties or obligations of this purchase order and shall not be demand a waiver of my right of the
parchaur to insist upon strict performance hereofm any of its rights or remdies as to any such goods, regardless
of when shipped, received or tw rptd, as to any prior or subsqumm default hereunder, nor shall my pur mted
trial modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tartan
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual auie przclier, ovarges ohareading ran lting ut tibvst
violations are in fact home by the Pm<hzsa. Theretofore, for good cause and as consideration for executing this
purchase order the Seller hereby assigns to the Purchater any and all claims it may now have or hercaacr
acquired under federal or state antitrust Laws for such overcharges relating to the particular goods or services
purchased or acquired by the Producer pursuant to Otis purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to coned nonconforming or detective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller demander indicates its inability or unwillingness to comply, the Purchaser
may c: se the work to be performed by the moil expedilinus means available ,, it, and the Seller shall pay al l
costs associated with such work.
The Seller shall release the PurcM1azer and its comments of any tier from all liability and claims of any mime
resulting rut the pri formamw fsuch work.
This taleme shall apply even in the event of fault of negligrnce of the party mleuN and shall extend to Ue
directors, aRcers and employees ofsuch parry.
The Seller's contractual obligations, including wananly, shall not be deemed 10 be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller u rquimd 1tr use any design, device, pent or process covered by levier, patent, trademark
in copyright, the Seller shall indemnify and save hraml as the Purchaser from any and ail claims for infringement
by maw. of the use of such parted design, device, material or process in conmaion with the contract, and
shall indemnify the Purchaser for any coal expense or damage which it may be obliged to Pay by reason of such
infringement at any time during the prosecution or aver the completion of the work. In cot said quipmrnt, or
any pan lhereef or the intended use of the goods, is in such ,.it held 1. constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, a1 its own expense and at its option, either procure Ibr the
Purchaser be right m continue using said equipment or parts, replace the same with substantially qml but
nonieftinging quipment or modify it so it becomes noninfringing
15. INSOLVENCY.
If the Seller shall become insolvent or band reaps, make an assignment for the benefit of creditors, spatial a
receiver or trustee for any of the Sellers property or business, This order may forthwith be canceled by the
Purchrma without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
continued under and governed by the laws ofthe Scam ofColomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform wok hamandes,
including the services ofSellers Represrntative(s), on the premises ofor an,
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sodas own risk until the same is Polly completed and accepted, and shall,
in e of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Selleh own expense and to the satisfaction of the Purehner. When materials
and afripmrnt arc famished by others for installation or erection by me Sella, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials worker quipmmt
were being fiwnishrd by dic Sella under the order.
18. INSURANCE.
The Seller shall, at his awn exyeme, provide for dic payment ofworkers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
worker to their dependent in accordance with the laws of the store in which the work is to be done. The Seller
shall Aso carry comprehensive general liability including, Lou not limited to, conlmetull and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any
one accident and property damage limit per accident of 5400,000. The Sella shall likewise require his
ctrmaaors, if any, to provide far such compenation and ineurrame. Before any of the Sellers or his at...
employees shall do any wok upon the premises of others, the Seller shall famish the Purchasa with a certificate
Part such compensation and insurance have been provided Such cerltfucses shall specify the date when such
omprnention and im manic have been provided. Such certificates shall specify the dale when such compensation
and insureareexpares, The Seller agrees that such compensation and mommnce shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or hour, army kind
thisanature whatsoever re poor property caused by or mulling (roar the execution ofthe wok provided for in
tsoPanama
parchsse, order or in connection herewith. The Seller will indemnify and hold ram ndess the Purchuer and any
or all of the Tarchssers officers, agents and employees from and against any and all claims, lasses, damages,
charges or expenses, whether direct or redirect, and whether to persons or property to which the purchaser may
be put or subject by reason of any act, notion, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contracturs officers, agents or employees. In case any suit or other
praceedings shall be brought against the Parchrour, or its ollicess, 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 Offivers, agents or employers as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same to the Sell. tun rxpense, To pay any aW all cods, charges, attorneys fees and oNer expenses,
any and all j Wgmmt nut may be incurred by or obtained against the Purchaser or any of its or their oReets,
agents or emP[,. in such suits a other proceedings, and in case judgment ar other lien he placed upon or
obtained again the property of the Purchaser, or said parties in in is a all of such suits or oNer pmareem s,
the Seller will at once cause the same to he dissolved and dachargd by giving bond or otherwise. The Seller and
his contractors shall Like all safety precautions, famish and install all guards necessary for the prevention of
accident,, comply with all laws and regulations with regarg m safety including, but will limiliarm, the
Occupational Safety and Health Act of 1970 aW all roles and regulations issued pursuant those.
Revised 03R010