HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9142499PO
PURCHASE ORDER 914249er Page
City of PURCHASE
499 1 of 3
' `t Collinsr his number must appear
` �.I 1 1 on all invoices, packing
sli s and labels.
Date: 05/06/2014
Vendor: 496440
XEROX CORPORATION
c/o LEWAN & ASSOCIATES INC
100 S CLINTON AVE XRX2-40A
ROCHESTER NY 14644
Ship To: TRANSPORTATION PLANNING &
281 NORTH COLLEGE
FORT COLLLINS CO 80524
Delivery Date: 05/02/2014 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Xerox W7830P Copier
Lease Payments-12 Mos.
1 LOT LS
1,912.44
for Xerox W7830P Copier/Printer System (Color). Serial #: TBD
Quantity: One (1)
Location: City Of Fort Collins - FC Moves (Transportation Planning) Department @
281 N. College Ave., Fort Collins, CO 80524
Lease Term: Sixty (60) months.
Total Base Monthly Lease Charge: $189.37
Includes: 2,000 B&W and -0- Color prints per month.
Pricing fixed for lease term.
Per State of Colorado Xerox Price Agreement #: 98526YYY11M/WSCA,
Item 1 of Lewan & Associates Proposal dated 04/11/14, and Xerox Lease Agreement dated 04/17/14.
Trade -In: Sharp MX2700N, Serial# 65067700 (Owned).
State of Colorado Central Services user fee of.$.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
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
9142499 2 of 3
This number must appear
on all invoices, packing
sli s and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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-availabilitv of funds as set forth above.
2 Estimated Print Costs
Above W7830P Copier-12 Mos.
3,000.00
for Xerox W7830P Copier/Printer System (Color), Serial #: TBD
Location: City Of Fort Collins - FC Moves (Transportation Planning) Department @
281 N. College Ave., Fort Collins, CO 80524
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 @ $0.0087 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 #: 98526YYYl1 M/WSCA,
Item 1 of Lewan & Associates Proposal dated 04/11/14, and Xerox Lease Agreement dated 04/17114.
PO Line 2 amount for twelve (12) months estimated total Print Overage charges
Contact: Lori Bichler (d 970-221-6705.
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
I:jPei:l
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 Too Collins is exempt from stare and local tax.. Ow Exempdun Nitrate, is 1I. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is uglsered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay to
Intenml Revenue, Derive, Colorado (Rcf. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exemise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
branch, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the moral or obligations of this purchase omer and shall not be deemed a waiver of any right of the
damage in transit, may be returned to you for credit and are tmr to be balanced except upon receipt of ..an proul a e,10 insist upon strict perfomance hereefor any ONO rights or remedies as to any such goods, regardless
irawctions from the City affair Collins. of when shipped, received or accepted, as to any prior or subsequent default bereuadeq tar shall any Empirical
cast modification or rescission or this purchase order by be Purchaser operate as, a waiver of any of be homes
Inspection, GOODS am subpar o be City of Too Collins inspection on anneal. hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in rexprom to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
aufcamed payment on fie pan of be City of Far Collins. However, it is to be undmmoa but FINAL
Seller and the Purchaser recognize flat in actual economic practice. Overcharge, resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection overall
violations are in fact home by the Purchsser. Theretofore, for good cause and as consideration for ameniing this
-
purchase order, the Seller hereby assigns to be Purchaser any arM Al claims it may now have or hereafter
Freight Temn. Shipments most be P.O.B., City of Fon Collins, 700 Wood Sr, Tom Collins, CO 80522, unless
acquired abler (Neel or sate intlmat laws for such moustemges relating w the particular goods or manic.
oferwiw specified on this order. if pmerission is given to prepay fight and charge sepia ely, the original fight
purchased or acquired by the Purchaser pmstant to this purchase oNer.
bill most accompany invoice Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance Where manufacturers have distributing points in varimas pans of the country, shipment is
Ifthe Puchaer directs the Seller to correct nonconforming or detective goods by a date to be agree upon by the
expected form fie nearest distribution in, to eradication, and excess freight will be deducted (ram Invoice when
Purchaser and the Seller and the Seller thereafter indicates its inability or unwillingness w comply, the Purchaser
shipments are made from greater distance.
may cause the work to be performed by the most expeditious means available to it, and To Seller shall pay all
costs associated with such work.
rabbits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulation; ordinances and rates of the state, municipality, tedmry or political subdivision where
The Seller shall release the Purchaer and its cmnvecwrs of any tier from all liability end claims of any nature
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
resulting form the performance ofsuch work.
of vendor. Seller further agrees to hold Oa Cily of ran Collins harmless from and against all liability and loss
aril by them by reason of an asserted or esmblishN violation of any such laws, regulations, ordinances, tales
This release shall apply even in the event of fault of negligence of fie party released and shall extend to the
and nomirements.
directors, officers and employees of such pony.
Authorisation. All panics to this contract agree that the represr detwes arc, is fact, bona fide and possess full and
'the Seller's usam, ul obligations, including warranty, shall not be deemed to be reduced, in any way, oceanic
omplete amhadly to and said panics,
such work is performed or caused to he performed by the Purchaser.
LIMITATION OF TERMS. His Purchase Ord,, expressly limits acceptance 10 the tams and conditions stated
I
herein set faith mad any apple entury or additional Tames and conditions annexed herein or incorporated herein by
reference. Any additional or di tic ant mans and conditions proposed by seller are Objected 1p und hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGbNT tmmedimely if yea armor make complete shipment to serve oa your,
Promised delivery date ass noted. Time is of the essence. Delivery and perfnmuace most be effected within the time
stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without
limitation, acceptance of formal late deliveries, that operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing Nis order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages in a result of delays
due to causes not reasonably forescea dle which are beyond its reasonable conwl and without its fault Of negligence,
such acts i fGW, aces ofrieil or military amhonties, governmental priorities, fires, stokes, flood, epidemics, wars or
riots provided that notice of the conditions cousin, such delay is given to the Purchaser within five (5) days Of the
time when be Sal lee first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the penN all to fie time ac➢ally lost by reason ofthe delay.
3. WARRANTY.
The Seller we . but all goods, articles, ntarewa and work covered by fix omer will coed will applicable
drawings, specifiatims, samples marm other descriprimrs given, will be fit for be purposes intended, and
performed with the highest degree of are and competence in accordance with accepted standamx for work of a
milar nature. The Seller agues 1. hold fie purchaser harmless from any loss, damage or mpertse which the
purchaser may suffer err incur on sea eun, of the Sellers breach of wmamy. The Seiler shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year Or within such longer parried of
time as may be prescribed by law or by the ems of any applicable memory provided by the Seller after fie date of
acceptance of the goods famished hereunder (meepaae not or be ua.mbly delayed), r.uIn., from imperfect
or defective work done or materials fumishW by age Seller Acceptance or use of goods by the Prembua shall not
onstitute a waiver of any claim under this mmrry. Except as otherwise provided in this purchase order, the Sellers
liability heeunder shall extend to all damages proximately caused by the breach of any ofdw foregoing wamnoas
or guarantees, but such liability shall in no event include loss of profits or loss of case. NO IMPLIED WARRAMY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COM MF.RCIAL TERMS.
The Purchaser may make any changes m the terms, other than legal temrs, including additions in or deletions from
the quantities originally oNered in the ,be manors or drawings, by verbal or whiten change order. if any such
change olives the mint Idue mthe time ol'permarance hemunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, marrinne this agreement as to any or all Famous of the
goods then not shipped, subject to any equitable adjustment between me parties as to any work or materials then in
progress provided but the Purchaser shall or be liable far any claims for anticipated peofts on be uncompleted
portion ofthe goods and/or work, Jet incidental in consequential damages, and that no such adjument be made in
favor of the Seller with respect to any goods which art the Sellers standard cock. No such umination shall relieve
the Purchaer or the Seller of., of their mligaions ere to any goods delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any Claim for adjustment most be asscncd within thirty (30) days from the dam the change or termirnow. is
ordered.
8. COMPLIANCE WITH LAW.
The Sella mange that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance will all applicable laws and regulations to which the grads are subject. The Seller shall execute and
deliver such documents as may be required to effort or evidence compliance. All laws and regulations required to Its,
ncorporated in ➢ureencena cribs character are Iuraby incorporaed herein by this ref mavv. The Seller wire. to
indemnify and hold be Purebaur hamass form ell costs card damages migned by the Purchaser as a result offe
Sellers failure to comply with such taw.
9. ASSIGNMENT.
Neither potty shall acsI,, wmf rr, or convey this never. or ➢try monies due or to became due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller warrants full, clear and umea end title to the Purchaser for all equipment, matmals, and items famished
in performance of This agreement, f and clear of any and all liens, r.rrieft., reservatiors, samily interest
encumbrances and claims of others.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, parent, trademark
or copyright, the Seller shall indemnify and save hawless the Purchaser from any and all claims for infringement
by reason of the use of such parented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser fur any rest, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the momentum or after the completion of be work. In case said equipment, or
any pan thereof or the intended use of the golds, is in such suit held to cpnstiwte infringement and the use of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure to, the
Purchaser the fight to continue using said equipment or pans, replace the same with substantially equal but
nominfonging equipment, or modify it so it becomes nonlnfringing.
15. INSOLVENCY.
If me Seller shall become insolvent or bankrupt, make an assipnment for be benefit of creditors, appoint a
recriver or trustee for any of be Sellers property or business, this Omer may forthwith be amended by the
Partiaset without liability.
16. GOVERNING LAW.
The definitions of semis osW or the interpretation of be movement and the rights ofail rumors hereunder shall he
continued under aN governed by to bows ofthe State ofColoasdo, USA.
The following Additiorel Conditions apply only in etai where the Seiler is in perform work have adeq
including the smicti o'Scllcrs Repreumriveld, on de premisa ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on mid work at Sellers own risk until the same is fully completed and accepted, and shall,
in au of any accident, denotation Or injury to be work mat materials before Sellers fief completion and
acceptance, complete He work at Sellers own expense and so be satisfaction of the Purchaser. When materials
and equipment am famished by others for installation or erection by fie Seller, be Seller shall receive, unload,
store and handle same at be site and become responsible therefor as though such materials catkin equipment
were being furnished by the Seller under be omer.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of wodsers compensation, including occupational
disease b blefis, to its employees employed on or in connection with the work covered by Nis purchase order,
and/or a their drpradents in accordance with the laws of the state in which the work is to be done. the Seller
shall age, tarty comprehensive general liability including, but not limited to, commctual and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for any one person, SSOQ000 for any
one accident and prorr py damage limit per accident of S400,000. Die Seller shall likewise require his
mtmmuts, if any,,, provide for such compensation and insurance. Before any of the Sellers or his convectors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenificotr
that such compensation and insurance have been provided. Sack nenificares shall specify the data when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agree, that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19, PROTECTION AGAINSTACCIDENT'S AND DAMAGES.
The Seller hereby aammes the entire responsibility and liability for any and ail damage, loss or injury of any kind
or inure whatsoever to persons or pmpMy caused by or resulting from the execution of the work provided for in
this purchase order or in connection hat The Seller will indemnify and hold harmless fie Pumhmer and any
r all of the Purehaers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or tndirect, and whetter w persons or property in which be Purchaser may
be put or subject by reason of any act, action, neglect, Omission Or dean], on be pan of the Seller, any of his
ontracmrs, or any of the Sellers or contractors officers, agents or employees. In eau any suit or other
praeedino ahol be brought ag➢inst the Purchases. or I. officers, agents or employees at any time an ..not or
by reason of any net, action, neglect, omission or default of the Seller of any of his contrncl ux or my of its or
than miters, agents or employees as aforesaid, the Sell,, hereby apea w assume the defense thereof and to
defend the same m the Sellars own expense, m pay any and all costs, dung., a erneys fees and Other expenses,
any and 01 judgments dot may be incurred by or obtained against the Purchaser or my of its of their officers,
upturns or employees in such suits or other proceedings, and in case judgment Or other lien be placed upon at
obtained againxt the property of the Potential or said Fonts in or as a result ofsuch suits or other proceedings,
the Seller will an once arum Nc same to be dissolved and discharged by givar, bond or otherwise. The Seller and
his conmcmrs shall take ell safety precamions, burnish and mmill all pods necessary 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 codes and regulations issued pursuant %crew.
Revised 0312010