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HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9142147 (3)Fort Collins Date: 04/17/2014 Vendor: 496440 XEROX CORPORATION c/o LEWAN & ASSOCIATES INC 100 S CLINTON AVE XRX2-40A ROCHESTER NY 14644 PURCHASE ORDER PO Number Page 9142147 lofa 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 t Xerox WC775P Lease & Print ChargesDept(CMO)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 (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 11/26/12, 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. 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: Sixty (60) 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:pumhasing@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 2 of 4 This number must appear on all invoices, packing sli s 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 #: 98526YYY11 M/WSCA, Lewan & Associates quote dated 11/26/12, 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- 3 Estimated Print Charges Dept (CIVIC) 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 MANSCA, and Lewan & Associates quote dated 11/26112. Pricing fixed for term of lease. PO Line 3 dollar amount for department (CIVIC) portion of twelve (12) months of est. print costs. State of Colorado Central Services user fee of $.001 per print will be billed separately. 2,353.98 I Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9142147 3of4 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Replaces PO# 9126118. Line 3 closed before PO printed. Combined into Line 1. 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 #: 98526YYY11M/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 Line 4 closed before PO printed. Combined into Line 2. 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 Fart 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: 2,353.98 EI1 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 mhase Order Terms and Conditions Page 4 of 4 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from sumo and local nixes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenifcate of Registry, 84-61100587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colonists Revised Stutetea 1973, Chapter 39-26, 114 (a). Good R jeered. GOODS REJECTED due to failure to men sped fcationa, either when shipped or due to defects of damage in transit, may be eetumed to you for credit and are rot w he wFaced except upon receipt of even. iretrumims form the City of Fon Collin, Inspection. GOODS are subject to the City of Fon Collin inspection on enival. Final Acceptance. Receipt of Ne merchandise, services or equipment in response to this order can result in outhonzed payment on be pan of the City of Faff Collins. However, n is to be understood men FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Fmight Tenses. Shipments most be F.O.B., City of ran Collied,'/00 Wood SL. Fan Collins. CO 80522, unless otherwise specified on Nis When. If permission is given to prepay freight and charge separately, be original freight bill most accompany invoice. Additional charges for packing will not be mcoxal Shipment Distance. Where manufacturers have di,amming points in varom pros of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments am=do from greater distance. remains. Seller shall practice at milers sole cast all necessary permits, certificates and lieffews escrowed by all applicable laws, regulations, WMim.. and pules of the sate, municipality, mnritory or political subdivision where the work is perftrpmed, or mlui d by any other duly constituted public authority hasingjudsdictim my be work of vendor. Seller further agrees to hold the City of Fort Collins hamless fmm and against all liability and loss associated by them by reason of an asssed or established violation of any such laws, regulations, ordinances, rules and re9virements. 11. NONWAIVER. Failure of the Purchaser to insist upon strict Performance of the perms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify be Seller in the event of a bremh, the acceptance or., payment for goods hereunda or approval ofthe design, shall not release the Seller of eery of the warranties or obligations of this purchase order wad shall not be deemed a waiver of any right of the purchaser to insist upon strict pert prearm hanufor my or its rights m remedies m to any such goads,regardless of when shipped, received or acceptek w to my prior or subsequent default bereuades, nor shall eery purported o al modification or tr acissions of Nis purchase order by me lumberer operate, as a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Tundras, recognize that in octml overwork practice, overcharges resulting from mtitrost violation are a fact home by be Purchaser. Themoforeforgoodcause mad as comideotion for executing this purchase order, be Seller hereby assigns to the Purcfam my and all claims it may mow haste or hereafter acquired under federal at state antifwt laws for such morclarges relating to the particular goods or services purchased a, aw, ad by the Pandower pursuant to this purchase trier. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or detective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, she Purchaser may cause the work to be performed by the most expeditious mean avaihble Ir it, and the Seiler shall pay all cats associated with such work. The Seller shall whom, be Purchaser and its contractors of my tier from all liability and claims of very nature resultingfrom the postmortnice ofstich work. This release shall apply even in be event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. Authorization. All panders to this contract agree that the representatives ore, in fact, bona fide and possess full and The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, became complete authority to biro[ said pmas. such work is permnval or caused ra W performed by be Freshwater. LIMITATION OF TERMS. This Pumbase Order expressty limits acceptance to the lams sal condition stated herein set foM and any supplementary or additional terms and conditions annexed hereto or i=Wryaared herein by reference. Any additional or dlllermal if. and condition proposed by seller aR objected to and herebyrejedd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date ass noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and be documents attached hereto. No acts of be Purchasers including, without limitation, acceptance of penal late deliveries, shall operate m a waiver of this precision. In the event of any delay, the Purebazer shall have, in addition m other legal and equitable formal 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 arc beyond its rexsonble mnuol and without its fault of negligence, such acts of God, acts of civil or military authorities, govemmenul priorities, fires, strikes, Rood, epidemics, wars or Hats provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when she Seller first received knowledge thereof, In the event of any such delay, the date of delivery shall be extended for me proud eq.I m the time actually last by reason of the delay. 3. WARRANTY. The Seller warmb that all good, spiciest, readmi.Ls and work covered by Nis order will confoem with applicable drawings, specifications, complex maker other descnpfion given, will be fit for the purposes intended, and perfomaed with the highest degree of race and competence in accordance with accepted standard for work of a similar namre. The Seller agrees to hold the purchaser hamdess 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 err make goad, wihout cast to he 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 of my applicable watmnry provided by the Seller after the date of acceptance of the goods fumishM hereunder (acceptmce not to be umramoubly delayed), resulting from imperfect or deferive work done or materials furnished by the Sella. Acceptance or use of good by the Purchaser shall toot ansnmte a waiver of my claim order this wananry. Except as of mi=provided us this purchase order. be Sellers liability hereunder shall extend to all damages comma cely canned by be breach of any of the foregoing witamutes or guarantees, but such liability shall in no event include loss of profits or loss of tole. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGA L TERMS. The Purchaser may make changes to legal fares by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumbazef may make any changes to the terra, other Nut legal terms, including addition to or deletion front .he qw utums origimlly oNefed in me specifications or dmwings, by verbal or wrimen change order. If my such change offers the amount due or Ne time of performance hereunder, an equitable adjustment shall be not 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate This vgmoment as to any or all gnomes of the grad then not shipped, subjcc„. any equitable adjustment between the parties in to any work or materials then in progress provided that Ne Promotive shall not be liable for my claims for anticipated profits on the uncompleted portion of the goods andfor work, for incidental or consequential damages, and but no such edjnsmaevt be made in favor of the Seller with suspect m any goad which are be Sellers standard stock. No such combination shall relieve the Purchaser or be Seller army oftha'v obligations as to any goods delivered bmunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fmm the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants but all goods sold hereunder shall have been produced, sold, delivered and famished in and rompliance with all applicable laws and regulations fo which be goads are subject The Sciler shall execute Will deliver such documents m may be requited m effect a evidence compliance. All laws and regulators required on, be incorporated in agreements of this character arc hereby incoryorated herein by Nis reference. The Seller agrees to indemnify and hold Ne Purchaser harmless form all cosm and damages suliered by the Purchaser as a ..It of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall wrign, ponder, or convey Nis order, oc my monies due or to becam due hreunder without the Edo, won. consent of the other party. 10. TITLE. The Seller warrants full, clear and mrestricfrd title w to Purchaser for all equipment. materials, and items famished in performance of this agreement. free and clear of my and all liera, restrictions, reservations, memory intent e rcumbr=ew and claims of others. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by Inter, patent mdemart or copyright, the Seller shall indemnify and save harmless be Purchaser from my and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contact, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In eau said equipment, or any pm thereof or the intended use of the good, is in such mit held to crowded, infringement and the we of said Nuipment or Pan a enjoined, be Seller shall, at its own expense and at its option, either pracmre for be Purchaser the right to continue using said equipment or ports, Wistre the same with substantially equal but noninfnnging equipment, or modify it sat it becomes ttminfringing. 15. INSOLVENCY. If the Seller shall became insolvent or banimpt, make an assignment for be benefit of credlmrs, appoint a receiver or mature for any of the Sellers property or business, this order may forthwith be canceled by be Purolator, without liability. 16. GOVERNING LAW. The defivitions oflema used or the interpretation differ agreement and the rights of all parties hereunder shall be constmed trader and gmtemed by be laws of the State of Colordo, USA. The following Additional Condirims apply only in cases where the Seller 6 to perform word remainder. including be services of Sellers Reprommitive(s), on be premises of sheer. 17. SELLERS RESPONSIBILITY. no Seller shall tarty on said work at Seller's own fink mull the same is fully completed and accepted, and stall, in au of any accident. destruction or injury to the work super materials before Sellouts final completion and acceptance, complete the work at Sellers own expeuse and to the satisfaction of me Purchaser. When materials and apartment are Burnished by ethers for intallanon or erection by the Seller, the Seller shall eecdve, mdoad, store and handle same at Ne site and become responsible therefor to though such mmmuls taper ecluipment wort being finished by the Seller under the roster. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers confederation, including weepafitrnl disease benefits, to its employees employed on or or connection with the work covered by this purchase order, mpor to their dependents in accordance with the laws erne slate in which the work is to be done. The Sella Act) Aso any mmprobeosive ffmand limiliy including, on, nor limited or, con.I and automobile public ]I*,[., inurance with bodily injury and death limits of of less, S300,000 for my ante person, 5500,0011 for my one accident and pmpeny damage limit per accident of S400,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and intermitter. Before any of the Sellers or his co rtmemrs employees shall do any work upon the premises of others, be Seller shall famish the Purchaser with a certificate that such compensation and Insurance have been provided Such redifirders shall specify the date when such compensation and insurance have been provided. Such certificates shall specify be date when such compensation and incomernew expires. The Seller agrees that such compensation and inurance shall be maintained until after be entire word is completed and accepted. 19. PROTEMON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes be moire responsibility and liability, far any and all damagq loss or injury of my kind r cater, whamoover to persons or property caused by ar resulting from the execution tribe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold formless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmpeny to which the Purchaser may be put or subject by reopen of my act, =lion, neglect, omission or default on the part of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employes. In eau my suit or other proceedings shot] be bought against the Purchaxr, at its officers, agents or employees at my time on account or by rtuon of my =L action, .ogler, omission or default of the Seller of my of bat contractors or my of its of heir officers, agents or employees m aforesaid, the Seller hereby agrees to immune the defense hermf and to defend the same an the Sellers own expense, to pay my ape all costs, charges, attorneys fees and other expanses, any and all judgmanm that may be incu d by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against be property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Sella will at once cause the same to be dissolved=d discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, bomah and oustall all gmrd necessary, for the prevention of accidents, comply with all laws avd regulation with regard to safety including, but without limiration, me Occupatioml Safety and Health Act of 1970 and all fules and regulations issued pursuant memo. Revised 03I2010