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HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9142147 (2)PO PURCHASE ORDER 914214er Page CI�/ of PURCHASE 9142147 1 of a ' `t Collins „s This number must appear ` \.I 1 1 on all invoices, packing sli s and labels. Date: 04/16/2014 Vendor: 496440 XEROX CORPORATION c/o LEWAN & ASSOCIATES INC 100 S CLINTON AVE XRX240A ROCHESTER NY 14644 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: 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. Line Description Quantity UOM Unit Price Extended Ordered Price t Xerox WC775P Lease Payments Dept (CMO) Portion for 12 Mos. 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: Sixty (60) months. Total Base Monthly Lease Charge: $282.68 Includes: 35,000 B&W and -0- Color prints per month. Per State of Colorado Xerox Price Agreement #: 98526YYY11 M/WSCA, and Lewan & Associates quote dated 11/26/12, 1,696.02 PO Line 1 dollar amount for department (CMO) portion (50%) of twelve (12) months of lease payments. State of Colorado Central Services user fee of $.001 per print will be billed separately. 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 2of4 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Replaces PO# 9126118. For period: April 1, 2014 thru March 30, 2015. 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. 2 Xerox WC775P Lease Payments Dept (EHO) Portion for 12 Mos. 1 LOT LS 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. Per State of Colorado Xerox Price Agreement #: 98526YYY11 MANSCA, and Lewan & Associates quote dated 11/26/12. 1,696.02 PO Line 2 dollar amount for department (EHO) portion (50%) of twelve (12) months of lease payments. State of Colorado Central Services user fee of $.001 per print will be billed separately. Replaces PO# 9126118. For period: April 1, 2014 thru March 30, 2015 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 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 130 PURCHASE ORDER 914214er Page r C117/ Of 9142147 3 of 4 ' `t/ oltins Thisnumbermustappear �I ` 1 1 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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. 3 Estimated Print Charges Dept (CMO) Portion for 12 Mos. 1 LOT EA for above Xerox Work Centre WC7775P Copier/Printer System, Serial #: RFX355587. Base Monthly Lease Charge per PO Line 1 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 Slate of Colorado Xerox Price Agreement #: 98526YYY11 M/WSCA, and Lewan & Associates quote dated 11/26112. Pricing fixed for term of lease. PO Line 3 dollar amount for department (CMO) portion of twelve (12) months of est. print costs. State of Colorado Central Services user fee of $.001 per print will be billed separately. Replaces PO# 9126118. 4 Estimated Print Charges Dept (EHO) Portion for 12 Mos. 1 LOT EA for above Xerox Work Centre WC7775P Copier/Printer System, Serial #: RFX355587. Base Monthly Lease Charge per PO Line 1 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 #: 98526YYY11 M/WSCA, and Lewan & Associates quote dated 11/26/12. Pricing fixed for term of lease. PO Line 4 dollar amount for department (EHO) portion of twelve (12) months of est. print costs. State of Colorado Central Services user fee of $.001 per print will be billed separately. Replaces PO# 9126118. 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 2,353.98 2,353.98 Total $8.100.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions .. Page 4 of 4 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and l.aal axes. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is mgummal with the Collector of Failure of the Pumhmer to insist upon strict pert mix of the terms and measures lwomE failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Spinster 1973, Chapter 39-26, 114 (a). exercise my rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a tomch, the acceptance of ter payment far goods hereunder or approval ofer design, shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written Purchuser to insist upon strict performance hereofor any ones rights or remedies as to any such goads, regardless instructions from the City of Fan Collins. of when shipped, received or scared, as many prior or subsequent default hereunder, nor shall any purported am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the censor Inspection. GOODS are subject to the City of Fort Collins inspection on snivel. hereof. Fiml Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, . t 10 be understood Oat FINAL Seller sad da Purchuer recognize bar in actual rec mmic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection, procedures. violations arc in fact borne by the Purchaser. Themofore, for good cause and as consideration for executing this purcbase at the Seller hereby assigns to the Purchaser any end all claims a may now have or hereafter Freight Terms. Shipments must b< F.O.B., City of Fan Collins, 10o Wood St., Fort Collins, CO 90522, unless acquired maker federal or sate antitrust laws for such nveshmges relating to the particular goods or smices otherwise specified oa this order. If pemtission is given to prepay freight and charge separately, the original freight pumhamd or acquired by the Purchaser pursuant m this purchase order. bit must accompany invoice. Additional charges for parking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where annufacmreu have distributing points in various pans of the country, shipment is If be Purchaser doectsthe Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution prim m destruction, and excess freight will be deducted from Invoice when Parchamr and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cams the work to be purfiancd by the most expeditious memo available m it, and the Seller shall pay all costs conflated with such work. Permits. Sell. shall procure at sellers are tom all nnesmry permixs, cenificeres and Homes curomral by all applicable laws, regulations, mdirances teak pules of the for, municipality, territory or political subdivision where The Seller shall release the Purchaser and its c.ntrad. , army tier from all liability mak claims army venue the work is performed, or required by any other duly mnstimted public authority having jurisdiction over the work resulting from the pert ante ofsuch work. of vendor. Seller fabler agrees to hold the City of Too Collins hornless form end g.inn all liability end loss incurred by them by rcawn of an maned or established violation of any such laws, regulations, endurances, rules This release shall apply even in the event of fault of negligence of the party released and shall extend to the and regain, ..Is boumrs,.lficers and employees ofsuch party. Authorization. All parties to this contract agree then the representatives xrt, in fact, bone fide and possess full and The Sellers contractual obligations, including warranty, shall not be deemd or be tedu ud, in any way, because complete authority to bind said parties. such work is performed or crowd to be psummned by the Purchaser. LIMITATION OF TERMS 'this Purchase Order expressly limits acceptance to the terms and conditions sated herein set fart and any supplementary or additional terns and conditions annexed herein or incorporated herein by reference. Any additicrol or different terms and conditions proposed by seller are objected 10 and hereby rejected. 2. DELIVERY. PLEASE. ADVISE PURCHASING AGENT immediately trying cannot make complete shipment to arrive an your Promised delivery date as tweed. Time is ofer essence. Delivery and performance must the, eficeld within the time sated on the purchase own and be documents attached Lem,. No acts of the Purchasers including, widand limitation, acceptance offor ial late deliveries, shall opera as a waiver of this provision In the event of any delay, the Purchaser shall have, in addition to other legal end equitable remedies, the option of placing this order dxwherc and holding the Seller Gable for damages. trimester, the Seller shall not Ix liable for damages as a result of delays due to causes not easonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, such acts of God, acts ofcivil or military authorities, govemmenal priorities, foes, stokes, food, epidemics, wars or riots provided Out notice of the conditions causing such delay is given to the Purchaser within five (5) days alike time when the Seller first received knowledge thereof. in the event army such delay, the doe of delivery shall be extended for the peril equal to the time actually lost by reawn of the delay. 3. WARRANTY. The Seller warrants Out all good, articles, materials and work covered by this under will conform with applicable drawings, specifinnoro. temples ad/or other descriptions given, will be fit for the proposes intended, and pert ed with the highest degree of care and competence in accordance with assigned standards for work of a similar more. The Seller agrees to hold the purchaser harmless form any loss, damage or expense which the Purchaser may suffer or incur on account of Jar Sellers breach of warranty. The Seller shall replan, repair or make goad, without war to be purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms army applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (or eptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim and. this warranty. Except as otherwise provided in this purchase order the Sellers liability hereunder shall exteod to all damages pmximamly cared by the breach of any of the foregoing warranties or gumromms, 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 Trey make changes m legal terms by wrote change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams, Other than legal more, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wriren change order. 11any such change ofeem the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wriuee change oiler, muniram this agreement . to any or all poniam of the goods then not shipped, subject to any equitable adjustment between the ponies as many work or mmeoals then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on th, uncompleted pardon of the game and/or work, for incidental or cans yuentul damages, and Out no such ditsunmt be made in favor argue Seller with respect to any goads which are the Sellers stmdad stock. No such momentum entum shall relieve me Pumhan or the Seller army of Nair obligations as many goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be esuned within dirty (30) days from the date the change or termination is mdercd. 8. COMPLIANCE WITH LAW. The Seller wamans but all goods sold hereunder shall have been produced, sold, delivered and famished in short compliance wiN all applicable laws and regulations or which the good are subject. The Seller shill execute and deliver such documents u may Its required or effect or evidence compliance. All laws and regulations Tapir of m be incorporated in agreements of this charaeter are hereby imoryoreseA herein by this reference. The Seller agrees to indemnify and hold the Ponchasce harmless gram all rods and damages suffered by the Purchaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to Income due hommdn without the poor written consent of the other pony. 10. TITLE. The Seller warrants full, clear and unrestrirted title in the Purchaser for all equipment, materials, and items fumished in Monarmce of this agreement, free and clear of any and all lieu, rmtricrions, reservations, security interest encumbrances and claims of others. 14. PATENTS. 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 harmless the Purchaser from any and all claims for infringement by ream, of the use of such patented design, device, national or process w connection with the contract, teak shall indemnify the Purchaser for any cost, expense or damage which it nay be obliged or pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case mid equipment, or any pan thereof or the intended use of the good, is in such suit held in cautious, infringement and the use of mid egdpmenr or pan is enjoined, the Seller shall, at its own expanse and at its option, either procure for the Purchaser the eight to continue using said aptipment or pests, replace the more with substantially equal but noninGnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of cordon., appoint a ter trustee for my of the Sellers property or business, this order may forthwith be canceled by the rc Puhaser without liability. 16. GOVERNING LAW. The definitions of femrs used or the interpretation of We agreement and the rights of all panic hereunder shall be onstrud it. and governed by the laws of the Seem fCalamdo, USA. The following Additional Conditions apply only in sus where the Seller is to perform wink hereunder, including the service fSellers R,nesenative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall entry on said work at Sellers own risk until the some is fully completed and accepted, and shall, in cause of any accident, destruction or injury to the work and/or materials before Sellers final completion and accep rms, complete the work in Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are fumished by others for installation or comfort by the Seller, the Seller shall receive, unload, store and Image same at the site and become responsible therefor as though such mateoala and/or equipment were being fumished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own capetue, provide fur the payment of wonkas veteran Lion, including occupational disease bmefia to its employees employed on or in connection with the words covered by this Purchase order, and/or to their dependent in accordance with the laws of the spite in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, mntmdual and automobile public liability insurance with bodily injury and drath limits of at least E300,ow for any one person, $500,000 for any one accident and porperty damage limit per accident of $400.000. The Seller shall likewise require his if any, to provide for inch compensation and insurance. Before any of the Sellers or bus contractors employees shall do my work upon the premises of others, the Seller shall Finnish the Purchaser with a certificate Out such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation Vol mwance capers. The Seller agrees but such commutation rid insurance shall be mainained until after the entire work is completed and emerged. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herby assume the entire responsibility and liability for any and all damage, lass or injury army kind r nature whatsoever to persons or pmpeny caused by or mulling from the execution of the work provided for in this purchase order or in connection herewiW. The Seller will indemnify and hold families, the Purchaser and any r all of the Purchasers olfcros, agents and employees from and against any and all claims, losses, damages, charges or m,mimi, whether direct or indirect, and 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 the pan of the Seller, arty 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 Purchadea or its officers, agents or employees at any time on account or by reawn of any act, action, neglect, corrosion or default of the Seller of any of his contractors ter any of its or thew officers, agents or employees as aforesaid, the Seller hereby agrees m amone the defame thereof and to defend the came at the Sellers own expense, to pay any and all cuss, charges, momeys fees and other expenses, my and all judgment that troy M iacund by or obtained against the Furtherer or any of its ter their aBiccu, .gears or employees in such suits no be, proceedings, and in case jdgmml Or other lien be placed upon or obtained against the property of the Purchaser, or said panim in or as a rredt of such suits or other Proceedings, the Seller will at once cause the came to he dissolved and discharged by giving bond ter otherwise. The Sell. and his canmacmrs shall take all safety p veratiots, furnish and install all guard necesmry for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03Q010